6 total
Human rights application dismissed for delay and having no reasonable prospect of success.
The applicant, a former teacher, filed a human rights application alleging discrimination and reprisal by the school board and her union.
The allegations against the school board related to events between 2009 and 2012, but the application was not filed until July 2014.
The Tribunal dismissed the allegations against the school board for delay, finding the applicant failed to establish a good faith explanation for missing the one-year limitation period.
The allegations against the union for failing to represent her on harassment claims were dismissed as having no reasonable prospect of success, as there was no evidence the union's decision was based on a prohibited ground of discrimination.
Motion granted to strike affidavit on judicial review as it failed to meet the Keeprite exception.
The moving party university brought a motion to set aside a decision of a single judge of the Divisional Court who refused to strike an affidavit filed by the responding party association on an application for judicial review of a labour arbitration award.
The arbitration upheld the termination of a professor for failing to grade students objectively.
The Divisional Court panel found that the motions judge erred in law by admitting the affidavit, as it did not meet the narrow Keeprite exception for admitting new evidence on judicial review.
The motion was granted and the affidavit was struck in its entirety.
Affidavit evidence admitted on judicial review due to absence of record and potential evidentiary gaps.
The respondent union sought judicial review of a labour arbitration award that partially upheld the dismissal of a tenured university professor.
On an interim motion, the university asked the court to exclude an affidavit from counsel who had attended the arbitration hearing, arguing the material was inadmissible on judicial review.
Applying the principles from Keeprite and subsequent authority, the court held that affidavit evidence may be admitted in rare circumstances to demonstrate a complete absence of evidence on an essential point or a breach of natural justice.
Given the absence of a formal record of the arbitration proceedings and concerns regarding reliance on a disputed report, the court found the case fell within the exceptional category.
The affidavit evidence was permitted to be considered by the Divisional Court on the judicial review.
Human rights application deferred pending resolution of concurrent grievance arbitration regarding termination.
The applicant alleged discrimination on the grounds of disability and sex regarding her termination.
She also filed a grievance alleging dismissal without just cause, which her union referred to arbitration.
The Tribunal issued a Notice of Intent to Defer.
The respondent agreed with deferral, and no other parties made submissions.
The Tribunal deferred the application pending the completion of the arbitration to avoid concurrent proceedings and inconsistent decisions.
Board adopts surviving hospital's broader bargaining unit structure and orders representation vote following hospital merger.
The Pembroke Civic Hospital applied to the Ontario Labour Relations Board under section 69 of the Labour Relations Act, 1995, following a directive to close and transfer its operations to the Pembroke General Hospital.
The parties disputed the appropriate bargaining unit structure and the identity of the resulting bargaining agents for the intermingled employees.
The Board determined that the broader-based bargaining unit structure already in place at the surviving hospital (the General) was appropriate, noting its 25-year history of success and the general labour relations trend toward broader units.
The Board ordered a representation vote to allow employees to choose their bargaining agent from among all the affected trade unions.
Certification application dismissed due to employer support for the applicant union under section 15.
The Christian Labour Association of Canada (CLAC) applied for certification to displace the incumbent union, Local 47, as the bargaining agent for roofers at Covertite Eastern Limited.
Local 47 alleged that the employer and working foremen unlawfully supported CLAC's organizing campaign.
The Ontario Labour Relations Board found that the employer, motivated by a desire for lower labour rates, clearly communicated its preference for CLAC to the employees and linked future work opportunities to supporting CLAC over Local 47.
Concluding that this constituted employer support under section 15 of the Labour Relations Act, the Board dismissed CLAC's certification application.
