The applicant filed a duty of fair representation complaint against the unions for failing to pursue his claim for sickness and accident and extended disability benefits after his employment was terminated.
The applicant suffered from a major depressive illness and was hospitalized shortly after his discharge.
The unions assumed his entitlement to benefits ceased upon termination and failed to investigate his medical condition or the relevant insurance provisions.
The Board found the unions' conduct to be arbitrary and in breach of section 74 of the Labour Relations Act, 1995, ordering them to proceed with the benefits grievance to arbitration.
