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Police officer's insubordination convictions overturned as approved leave form provided lawful excuse for missing court.
The appellant police officer was convicted of two counts of insubordination for failing to attend court and allowing secondary employment to interfere with his duties.
The officer had a scheduling conflict and submitted a leave form, which was approved by his supervisors despite his scheduled court appearance.
The Ontario Civilian Commission on Police Services allowed the appeal, finding that the officer held an honest belief that he was excused from attending court, which constituted a lawful excuse.
The convictions were overturned.
Police officer's insubordination convictions quashed; approved leave form provided lawful excuse for missing court.
The appellant police officer appealed his conviction on two counts of insubordination for failing to attend court and violating a condition of secondary employment.
The officer had a scheduling conflict and submitted a leave form, which was approved by his supervisors despite his receipt of a court notice.
The Ontario Civilian Police Commission allowed the appeal, finding that the officer had an honest belief that he was excused from attending court, which constituted a lawful excuse.
The Commission held that the Hearing Officer's conclusions were unreasonable and unsupported by the evidence, as the employer had officially induced the officer's belief by approving the leave.
Police officer's insubordination convictions for missing court overturned due to honest mistake and approved leave.
The appellant police officer appealed his convictions for insubordination arising from his failure to attend court on a scheduled date.
The Commission found that the officer held an honest belief that he was excused from attending court, as his leave was officially approved and he was told by the Crown that he was not needed.
The Commission concluded that the hearing officer erred in finding the officer insubordinate, as his honest mistake provided a lawful excuse.
The appeal was allowed and the convictions were overturned.
Service of a termination application on an affiliated bargaining agent satisfies the statutory delivery requirement.
The applicant applied to terminate the bargaining rights of the responding trade unions.
The affiliated bargaining agent argued the application was untimely because the applicant served the application on it rather than directly on the employee bargaining agency.
The Board held that in the ICI sector of the construction industry, employees are represented by both the employee bargaining agency and the affiliated bargaining agent.
Therefore, delivery of the application to the affiliated bargaining agent within the prescribed time satisfied the requirements of section 63(3) of the Labour Relations Act, 1995.
Following a representation vote in which a majority opposed the union, the Board declared that the responding parties no longer represent the employees.
