Michael Mulroy

Following a wrongful dismissal trial, the only remaining issue concerned the quantum of partial indemnity costs payable by the employer to the employee.

The employee sought over $455,000 in costs, including a large disbursement for services provided by a corporate entity associated with a lay witness who assisted counsel and testified at trial.

The court found several categories of claimed legal fees excessive, particularly for pleadings and trial preparation, and held that the defendant should not bear the cost of premium legal services retained by the plaintiff.

The court also significantly reduced the claimed disbursement for the lay witness’s advisory services, noting that much of the evidence was rejected and the invoices lacked sufficient detail.

Fees and disbursements were therefore substantially reduced.

The union applied for certification for a construction industry bargaining unit.

The employer argued the unit should only include plumbers, not steamfitters, as it only employed plumbers.

The Board granted the standard craft unit which includes both.

Although the union filed sufficient membership evidence for automatic certification, two employees filed an unfair labour practice complaint alleging they were intimidated by union supporters when trying to circulate a statement of desire opposing the union.

The Board found that the intimidation stopped the circulation of the statement of desire and the union failed to address the improper conduct.

Consequently, the Board exercised its discretion to order a representation vote.

One Board member dissented, arguing the union should be certified outright.