Ontario Labour Relations Board
2241-99-U Communications, Energy and Paperworkers Union of Canada Local 87-M, Southern Ontario Newspaper Guild, Applicant v. Sing Tao Daily Limited, Responding Party.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; September 18, 2000
This is an application under section 96 of the Labour Relations Act, 1995 (the “Act”) alleging that Sing Tao Daily Limited (referred to as the “company”) violated sections 70, 72 and 76 of the Act when it dismissed Ka Hung Wong from employment.
As this is a discharge matter the Board considers it appropriate to issue a “bottom line” decision with reasons to follow.
The Board heard evidence from five witnesses over four days. After considering that evidence and the arguments submitted on behalf of the parties, the Board finds that the company violated sections 70, 72 and 76 of the Act when it terminated Mr. Wong’s employment. Mr. Wong was the key organizer in the applicant’s campaign and no reasonable explanation was provided for his termination. None of the reasons provided by the company to justify its claim that Mr. Wong’s performance had deteriorated to the point that his termination was warranted withstood the slightest scrutiny. By offering such reasons the company amply demonstrated its bad faith in this matter. The Board has no hesitation in finding that the company has violated the Act and that Mr. Wong should be reinstated with full compensation and full seniority.
The Board therefore makes the following declaration and orders:
The Board hereby declares that the Sing Tao Daily Limited has violated sections 70, 72 and 76 of the Labour Relations Act, 1995 by discharging Ka Hung Wong.
The Board orders Sing Tao Daily Limited to reinstate Ka Hung Wong to his former position forthwith.
The Board orders Sing Tao Daily Limited to compensate Ka Hung Wong for any losses arising from his unlawful termination, with interest.
The Board orders Sing Tao Daily Limited to post 4 copies of the Notice to Employees (attached as Appendix “A”) in locations in the workplace where they are likely to come to the attention of the employees. The Notices are to remain posted for 60 days.
The parties have agreed to try to determine the amount of compensation owing to Mr. Wong. The Board of course remains seized with respect to this or any other issue arising from the above orders.
Reasons for this decision will follow in due course.
“Laura Trachuk”
for the Board
Appendix “A”
The Labour Relations Act, 1995
NOTICE TO EMPLOYEES
Posted by order of the Ontario Labour Relations Board
WE HAVE ISSUED THIS NOTICE IN COMPLIANCE WITH AN ORDER OF THE ONTARIO LABOUR RELATIONS BOARD ISSUED AFTER A HEARING IN WHICH BOTH SINGTAO DAILY LIMITED AND COMMUNICATIONS, ENERGY AND PAPERWORKERS UNION OF CANADA LOCAL 87-M, SOUTHERN ONTARIO NEWSPAPER GUILD HAD THE OPPORTUNITY TO PRESENT EVIDENCE. THE ONTARIO LABOUR RELATIONS BOARD FOUND THAT WE VIOLATED THE ONTARIO LABOUR RELATIONS ACT IN TERMINATING THE EMPLOYMENT OF KA HUNG WONG AND HAS ORDERED US TO INFORM OUR EMPLOYEES OF THEIR RIGHTS.
THE ACT GIVES ALL EMPLOYEES THESE RIGHTS:
TO ORGANIZE THEMSELVES;
TO FORM, JOIN AND PARTICIPATE IN THE LAWFUL ACTIVITIES OF A TRADE UNION;
TO ACT TOGETHER FOR COLLECTIVE BARGAINING;
TO REFUSE TO DO ANY AND ALL OF THESE THINGS.
WE ASSURE ALL OF YOU THAT:
WE WILL NOT DO ANYTHING THAT INTERFERES WITH THESE RIGHTS.
WE WILL NOT INTIMIDATE OR EXERT UNDUE INFLUENCE UPON YOU, WHETHER THROUGH MEETINGS, INDIVIDUAL CONVERSTATIONS OR OTHERWISE, TO PREVENT YOU FROM EXERCISING YOUR RIGHT TO ASSOCIATE AND PARTICIPATE IN THE LAWFUL ACTIVITIES OF A UNION.
WE WILL NOT LAYOFF, DISCHARGE OR THREATEN TO LAY OFF OR DISCHARGE ANY EMPLOYEE BECAUSE OF THAT EMPLOYEE’S UNION ACTIVITY OR SYMPATHIES.
WE WILL NOT IN ANY OTHER MANNER INTERFERE WITH OR RESTRAIN OR COERCE OUR EMPLOYEES IN THE EXERCISE OF THEIR RIGHTS UNDER THE ACT.
WE WILL COMPLY WITH ALL DIRECTIONS OF THE ONTARIO LABOUR RELATIONS BOARD.
SING TAO DAILY LIMITED
PER: _______________________________
(AUTHORIZED REPRESENTATIVE)