The applicant, a former teacher dismissed by the Greater Essex County District School Board, filed an unfair labour practice complaint against the Windsor-Essex Catholic District School Board after it banned him from its property.
The Catholic Board raised preliminary objections, arguing the applicant was never its employee, failed to exhaust internal appeals, and sought an impossible remedy.
The Ontario Labour Relations Board dismissed the preliminary objections, finding that section 87(1) of the Labour Relations Act could apply, deferral to internal appeals was not mandatory, and alternative remedies might be available even if the specific requested remedy was unlikely.
