Zachary Lebane

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his applications alleging unlawful reprisal under the Occupational Health and Safety Act and unfair labour practices under the Labour Relations Act.

The applicant had been terminated after refusing to remove a social media post criticizing his employer, T&T Supermarket.

The Divisional Court dismissed the application, finding that the Board's decision was reasonable, procedurally fair, and within its jurisdiction.

The court declined to interfere with the Board's credibility findings and noted that the applicant's procedural fairness arguments should have been raised through a reconsideration request to the Board.

The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing its unfair labour practice complaint without a hearing.

The complaint alleged that the respondents improperly applied a local collective agreement over a provincial agreement in the construction industry.

The Divisional Court held that the application was not premature despite the applicant's failure to seek reconsideration from the Board.

However, the Court dismissed the application on the merits, finding the Board's decision reasonable.

The Board had reasonably concluded that the two collective agreements could co-exist, that inquiring into the complaint served no labour relations purpose since the affected employer did not participate, and that the declaratory relief sought was of limited practical utility.