Dan Kerr v. Ontario Provincial Police
File No.: 1692-00-OH Date: December 22, 2000 Ontario Labour Relations Board
Between: Dan Kerr, 5880, Applicant v. Ontario Provincial Police, Responding Party.
Before: Patrick Kelly, Vice-Chair, and Board Members J. A. Ronson and R. R. Montague.
DECISION OF THE BOARD
1This is an application under section 50 of the Occupational Health and Safety Act, R.S.O., 1990, c. O.1, as amended ("the Act") alleging an unlawful reprisal.
2In its response the responding party ("the OPP") contends that the application should be dismissed on a preliminary basis because the applicant's allegations do not make out a prima facie case of a violation of the Act, and because section 50(8) of the Act removes the jurisdiction of the Board to deal with the application.
3The applicant is directed to reply to the preliminary matter raised by the OPP relating to the Board's jurisdiction pursuant to section 50(8) of the Act. He is to provide his submissions on or before January 10, 2001, failing which the application may be dismissed without a hearing.
4With respect to the prima facie motion, if the OPP is seeking, as a result, the dismissal of the application without a hearing it must provide to the Board and the applicant detailed written submissions as to why, in its opinion, the application fails to disclose a prima facie case. The applicant shall have 10 days following the delivery of the OPP's submissions to provide a reply to the Board and the OPP. Following that, the Board will consider further the prima facie motion.
5We are seized to deal with the submissions described in paragraph 3 above.
"Patrick Kelly"
for the Board