Gilles Comtois v. Hospitality and Services Trade Union, Local 261 and Cara Operations Ltd.
Gilles Comtois, Applicant v. Hospitality and Services Trade Union, Local 261 and Cara Operations Ltd., Responding Parties.
BEFORE: Caroline Rowan, Vice-Chair.
DECISION OF THE BOARD; April 10, 2001
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”) filed by the applicant, Gilles Comtois.
2In its response to the application, the responding party, Cara Operations Limited (the “employer”) states that it is unable to respond to the application, since the applicant has failed to set out the facts on which he is relying nor the action(s) of the employer which allegedly amount to a violation of the Act. As such, the employer raises a preliminary motion that no prima facie case is disclosed on the face of the application.
3In addition, the responding party, Hospitality and Services Trade Union, Local 261 (the “union”) states that the application should be dismissed as against the union, since the union is neither the applicant’s employer nor a person acting on behalf of an employer. It further states that the law only recognizes the possibility of filing a complaint of a reprisal by the employer against an employee.
4The applicant is directed to file submissions in response to these preliminary motions within a period of ten (10) days from the date of this decision.
“Caroline Rowan”
for the Board