Paulette S. Haynes

The applicant employer sought judicial review of an Ontario Labour Relations Board decision regarding the discharge of an employee.

The Board had found that the employee's sale of used parts and retention of the proceeds was based on a misunderstanding of workplace practice, rather than willful misconduct.

The Divisional Court dismissed the application, holding that the Board's conclusions were supported by the evidence before it.

The applicant filed a duty of fair representation complaint against her union, alleging it violated section 74 of the Labour Relations Act, 1995 by failing to present arguments and evidence regarding systemic race discrimination at her discharge grievance arbitration.

The Board dismissed the application, finding that the union had carriage of the grievance and was not obligated to follow the applicant's instructions on how to present the case, provided it fairly and carefully considered her suggestions.

The Board noted that the union had vigorously and thoroughly represented the applicant by advancing other arguments, including a poisoned work environment and differential treatment.