During a union certification application, the employer challenged the ballot of a worker on the basis that the worker did not possess a valid social insurance number or work authorization under the Immigration Act.
The employer sought to introduce evidence of the worker's undocumented status, arguing that the unlawful nature of the employment contract meant the worker was not an 'employee' under the Labour Relations Act.
The Board held that the worker's immigration status was irrelevant to their status as an employee under the Act, as the performance of work and payment of wages were not inherently unlawful.
The Board refused to permit the evidence to be led.
