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Employment Standards Act appeal adjourned sine die to allow for settlement discussions.
The applicant appealed under the Employment Standards Act.
At the scheduled hearing, counsel for the applicant and the Ministry of Labour requested an adjournment sine die to allow an officer to consult with the parties and attempt a settlement.
The request was unopposed and granted by the Board.
Unions breached duty of fair representation by arbitrarily failing to investigate member's disability benefits claim.
The applicant filed a duty of fair representation complaint against the unions for failing to pursue his claim for sickness and accident and extended disability benefits after his employment was terminated.
The applicant suffered from a major depressive illness and was hospitalized shortly after his discharge.
The unions assumed his entitlement to benefits ceased upon termination and failed to investigate his medical condition or the relevant insurance provisions.
The Board found the unions' conduct to be arbitrary and in breach of section 74 of the Labour Relations Act, 1995, ordering them to proceed with the benefits grievance to arbitration.
