2 total
Human rights application dismissed for delay and abuse of process following prior arbitration and settlement.
The applicant filed a human rights application alleging discrimination and harassment in employment on the basis of citizenship, ethnic origin, and other grounds, culminating in his termination in 2004.
The respondents sought early dismissal on the basis of delay, prior settlement, and that the substance was dealt with in a prior arbitration.
The Tribunal found that raising the 2003 discipline was an abuse of process due to a prior settlement, and that failing to raise the discrimination allegations during the arbitration and waiting three years to file the application constituted an abuse of process and a delay not incurred in good faith.
The application was dismissed.
Board asserts jurisdiction under Agricultural Labour Relations Act and upholds union membership evidence despite employee's change of heart.
The union applied for certification under the Agricultural Labour Relations Act.
The employer raised a preliminary objection to the Board's jurisdiction, arguing the agriculture industry division was not properly designated because the Chair did not consult the Agricultural Labour Management Advisory Committee.
The Board dismissed the objection, finding no statutory requirement for such consultation.
The Board then considered an allegation regarding a union membership card signed by an intervening employee who subsequently changed her mind and asked for the card back.
The Board held that the initial application for membership was valid and that a subsequent change of heart did not invalidate the card for the purposes of the certification application.
As the union had sufficient membership evidence, a certificate was issued.
