Paul E. Broad

The appellant union appealed a Divisional Court decision that affirmed an arbitrator's award regarding the interpretation of s. 56(2) of the Employment Standards Act.

The Court of Appeal found that while the appellant's interpretation was reasonable, the arbitrator's interpretation was also within a range of reasonable outcomes.

The appeal was dismissed with costs fixed at $5,000.

The applicant trade union filed an application for certification.

The responding employer raised a preliminary objection, arguing the application was barred by the newly amended subsection 10(3) of the Labour Relations Act, 1995, which prohibits another application by any trade union for one year following a dismissed application.

A prior application by a different union had been dismissed within the year.

The applicant argued the new bar did not apply retrospectively.

The Board held that the new subsection 10(3) applied to the present application, as the legislature intended the broader mandatory bar to apply immediately upon enactment.

The application was dismissed.