| Summary |
PRACTICE AND PROCEDURE - UNJUSTIFIED DISADVANTAGE - Under previous employer applicant required to fill-in in another part of business - Expected to return to normal duties but instead directed to further alternative duties - Income less than original position - When respondent took over business applicant continued to protest situation - Applicant also claimed not advised of relevant collective employment agreement (“CEA”) when originally hired and not informed of transfer of ownership - Applicant covered by CEA from which individual terms and conditions derived - Employer could direct him to different work areas as operational requirements dictated - Whether grievance raised within 90 days - Applicant argued raised grievance by bringing unhappiness to manager’s attention - Complaints did not amount to raising personal grievance - Grievance raised out of time - Applicant required to apply for leave to raise grievance out of time - In addition, Authority satisfied respondent had taken no steps which could potentially place it in position of acting unjustifiably toward applicant - At point respondent took over business applicant already working in alternative role, respondent did not change his position disadvantageously - Previous owner told respondent all employees aware of change - Believed on reasonable grounds all appropriate employment obligations met by outgoing employer - Nothing in subsequent grievance letter relating to sale of business - GOOD FAITH - Parties previously directed to mediation by Authority - Authority expressed view mediation would be assisted by presence of representatives - Respondent attended without counsel - Applicant alleged breach of good faith - No direction that counsel attend - No breach of good faith - Shepherd |