The respondents brought preliminary motions to dismiss a duty of fair representation complaint on the grounds of delay, failure to disclose a prima facie case, and insufficient particulars.
The Board found that the eight-month delay was not 'extreme' enough to warrant outright dismissal without hearing the merits, though the issue of unreasonable delay affecting the remedy remained open.
The Board also held that the complaint disclosed a prima facie case, as the allegations of arbitrary and discriminatory conduct could theoretically support a breach of section 68 of the Labour Relations Act.
However, the Board agreed that the complaint lacked sufficient particulars and ordered the complainants to provide further details before the matter proceeded to a hearing on the merits.
