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Complaint dismissed due to extreme and unexplained delay of over five years causing prejudice.
The complainant filed a complaint alleging that the respondent employer harassed him and the respondent union breached its duty of fair representation regarding events that occurred between 1974 and 1978.
The complaint was filed in 1982, with a notice of intention to rely on the earlier events served less than 24 hours before the hearing in 1983.
The Ontario Labour Relations Board declined to inquire into the complaint, exercising its discretion under section 89 of the Labour Relations Act, due to the extreme delay of over five years, the lack of a satisfactory explanation for the delay, and the resulting prejudice to the respondents, including the destruction of records and the death of a key witness.
