Fernando Reis

The applicant filed a human rights application alleging reprisal in employment after the respondent employers refused to hire her for a greeter position.

The respondents requested deferral of the application pending the outcome of a union grievance dealing with the same facts.

The applicant's union requested intervenor status.

The Tribunal granted the union's request to intervene, noting its interest in the outcome and the lack of opposition.

The Tribunal also deferred the application to avoid inconsistent decisions, as the grievance and the application significantly overlapped in facts and issues.

The applicants sought review of an Employment Standards Officer's refusal to find termination pay owing to employees formerly employed by a housekeeping service.

The application proceeded in respect of one employee whose employment was terminated when the previous employer lost its service contract to the responding party.

The Board found that the employee was not offered employment by the responding party, nor was notice of termination or pay in lieu provided.

Relying on section 13.1(4) of the Employment Standards Act, the Board ordered the responding party to pay the employee $239.25 as pay in lieu of notice.

The applicant union filed an unfair labour practice complaint alleging the respondent employer breached its duty to bargain in good faith by refusing to sign a collective agreement after the union ratified the employer's final offer.

The employer failed to file a reply, and the Board deemed the facts in the application accepted.

The Board found that the employer reneged on its own proposal regarding a specific job classification after the union had altered its position by ratifying it.

The Board declared a violation of the Labour Relations Act and ordered the employer to sign the collective agreement.