During a lengthy hearing before the Ontario Labour Relations Board, the employer representative on the panel became too ill to continue.
The parties could not agree on whether to substitute the incapacitated member or how to proceed.
The Board held that, unlike other statutes, the Labour Relations Act does not contain a provision allowing the Board to replace a panel member who is unable to complete their duties due to illness.
Absent the consent of all parties, the Board lacked jurisdiction to substitute the member or continue with the remaining two members.
Consequently, the Board directed that the complaint be heard de novo before a new panel.
