Jack Porter

The grievor voluntarily terminated his employment, at which time the employer withheld his final wages of $756.96 to set off a $7,060 overpayment of room and board allowance mistakenly paid to him.

The union grieved the withholding of wages.

The Ontario Labour Relations Board held that section 8 of the Employment Standards Act strictly prohibits an employer from unilaterally setting off or deducting amounts from an employee's wages to satisfy a claim, requiring the employer to seek its remedy in court.

The Board directed the employer to pay the withheld wages plus interest.

The complainants filed a complaint regarding a work assignment dispute under section 91 of the Labour Relations Act.

The collective agreement required such disputes to be referred to the Impartial Jurisdictional Disputes Board (IJDB).

The complainants argued the IJDB was no longer operating, but failed to provide evidence or actually refer the matter to it.

The Ontario Labour Relations Board held that under section 91(14) of the Act, it lacked jurisdiction to inquire into the complaint because the parties had mutually selected a tribunal to resolve the dispute and that process had not been frustrated.

The complaint was dismissed for lack of jurisdiction.

The complainant union filed a complaint regarding a work assignment dispute.

The respondent union argued the Board should defer consideration of the complaint under sections 81(13) and 81(14) of the Labour Relations Act, as the collective agreements required such disputes to be referred to the Impartial Jurisdictional Disputes Board for the Construction Industry.

The Board agreed and postponed its inquiry to allow the matter to be referred to the mutually selected tribunal.