PART VII ENFORCEMENT — Directive of board re complaints
123
(1) Where a complaint is made to the board under section 122 the chief executive officer of the board may serve a notice of the complaint on the person against whom the complaint is made, and the chairperson may appoint an officer to inquire into the complaint and try to effect a settlement.
123(2)
Where the chairperson does not appoint an officer under subsection (1) or where the officer is unable to effect a settlement within the period that the chairperson thinks reasonable in the circumstances, the board may inquire into the complaint.
123(3)
The board may refuse to inquire into a complaint in respect of a matter that, in the opinion of the board, could be referred by the complainant to an arbitrator, arbitration board or other body under a collective agreement.
123(4)
Where, in the opinion of the board, a complaint is without merit, the board may reject the complaint.
123(5)
Where the board is satisfied after an inquiry that an employer, employers' organization, trade union, council of trade unions, employee or other person has failed to comply with subsections 122(1) and (2), the board
123(a)
shall issue a directive to the employer, employers’ organization, trade union, council of trade unions, employee or other person concerned to do or stop doing the act in respect of which the complaint was made; and shall issue a directive to the employer, employers’ organization, trade union, council of trade unions, employee or other person concerned to do or stop doing the act in respect of which the complaint was made; and
123(b)
may, in the same or a later directive, require the employer, employers' organization, trade union, council of trade unions, employee or other person concerned, as the circumstances may require, may, in the same or a later directive, require the employer, employers' organization, trade union, council of trade unions, employee or other person concerned, as the circumstances may require, to do any act or thing which the board considers necessary and which is appropriate in the circumstances.
123(i)
to reinstate an employee suspended or discharged contrary to those provisions, (ii) to pay to an employee or former employee suspended or discharged contrary to those provisions compensation not exceeding the amount that, in the opinion of the board, would have been paid by the employer to the employee, (iii) to rescind a disciplinary action or monetary or other penalty taken or imposed contrary to those provisions, (iv) to pay a person compensation not exceeding the amount that, in the opinion of the board is equivalent to the monetary or other penalty imposed on a person contrary to those provisions, or
123(v)
to pay to an employee in respect of a failure to comply with the provisions referred to in subsection 122(1) compensation not exceeding the amount that, in the opinion of the board, is equivalent to the remuneration that would have been paid to the employee by the employer if the employer had complied with the provision referred to in subsection (1) of that section.
123(5.1)
Where the board is satisfied after an inquiry that an employer, employers' organization, trade union, council of trade unions, employee or other person has failed to comply with subsection 122(3), the board
123(6)
[Rep. by 2006 c46 s12]
Not legal advice. Verify the cited article against the signed agreement.