Applicant
Respondent
Facts: Paladin Security Group Ltd. challenged a Labour Relations Board decision certifying a bargaining unit proposed by the Construction General Labourers, Rock & Tunnel Workers Local 1208. Paladin argued that the certification created unnecessary fragmentation and disputed the bargaining unit's description, requesting a hearing to present evidence and submissions.
Issues: The court reviewed whether Paladin was denied procedural fairness in the Board's decision-making process and if the decision was reasonable.
Court's Ruling: The Supreme Court of Newfoundland and Labrador found that the Labour Relations Board's reasons were insufficient, constituting a breach of procedural fairness. The court set aside the Board's decision and remitted the matter to a different panel for rehearing, emphasizing the need for a transparent, intelligible, and justifiable decision-making process.
Costs/Damages: Paladin was awarded costs calculated under Column III. No amount was specified.
Court
Supreme Court of Newfoundland and LabradorCase Number
202301G3257Practice Area
Labour lawAmount
Winner
ApplicantTrial Start Date