The complainant filed an unfair labour practice complaint against his former employer nearly three years after his discharge, alleging he was terminated for exercising rights under the Labour Relations Act.
He had previously pursued an unsuccessful arbitration and two unsuccessful complaints against his union.
The employer raised a preliminary objection based on extreme delay.
The Ontario Labour Relations Board exercised its discretion under section 89(4) of the Act to decline to inquire into the complaint, finding the delay extreme, the explanation insufficient, and no overriding public policy reasons to proceed.
