R. Charney

The applicant union sought judicial review of an Ontario Labour Relations Board decision upholding the constitutionality of Bill 66, which amended the Labour Relations Act to deem municipalities as non-construction employers.

The union argued this violated section 2(d) of the Charter by nullifying their collective agreements and subcontracting protections.

The Divisional Court dismissed the application, finding the Board correctly applied binding precedent and that the amendments did not substantially interfere with the right to a meaningful process of collective bargaining.

The respondent employer filed a Request for Order During Proceedings seeking production of documents based on the applicant's testimony, specifically correspondence relating to an email titled 'Cussing at Work'.

The applicant did not file a response.

The Tribunal ordered the applicant to produce the arguably relevant correspondence between herself and a named individual regarding the email to the participating respondents.

The Tribunal deferred the remainder of the production request to the next hearing day.

The complainant, a spray painter, became pregnant and requested a transfer to an area without paint fumes based on her doctor's advice.

The employer initially accommodated her by moving her to a packing position but subsequently required her to take an unpaid leave of absence, citing concerns about air quality throughout the plant.

The Board of Inquiry found that the employer's refusal to continue accommodating the complainant constituted adverse effect discrimination on the basis of sex.

The employer failed to establish that continued employment in the packing area presented an undue risk, and thus did not fulfill its duty to reasonably accommodate the complainant's special needs as a pregnant worker.

The employer was ordered to pay damages for lost wages and mental anguish.