Following a finding of liability for breaching the hiring hall provisions of a collective agreement, the respondent employer challenged the quantum of damages.
The employer argued that the union was required to identify the specific members who lost work and prove that they had attempted to mitigate their damages.
The Ontario Labour Relations Board rejected this argument, holding that the union's out-of-work list established a prima facie case for damages.
The Board found that the burden shifted to the employer to lead evidence of a failure to mitigate, which it had not done.
The Board ordered the employer to pay $6,885.50 in damages to the union on behalf of its unemployed members.
