PART I LABOUR RELATIONS BOARD — Referral under Public Interest Disclosure and Whistleblower Protection Act
17.1
(1) An employee or former employee who alleges that a reprisal has been taken against him or her may apply to the board in accordance with section 22 of the Public Interest Disclosure and Whistleblower Protection Act for a determination of whether a reprisal has been taken contrary to section 21 of that Act.
17.1(2)
Notwithstanding subsection (1), where the board determines that another proceeding is capable of appropriately dealing with the substance of a complaint, the board may, at any time before the complaint is considered, defer further consideration of the complaint until the outcome of the other proceeding.
17.1(3)
In making a determination under subsection (2), the board shall consider all relevant factors, including the subject matter and nature of the other proceeding and the adequacy of the remedies available in the other proceeding in the circumstances.
17.1(4)
Where the board defers consideration of a complaint, the board shall serve the parties to the complaint with a written notice of and the reasons for the deferral.
17.1(5)
The board may dismiss all or part of a complaint where the board is satisfied that
17.1(a)
this Act provides no jurisdiction to deal with the complaint or that part of the complaint;
17.1(b)
the complaint or that part of the complaint is trivial, frivolous, vexatious or made in bad faith; or
17.1(c)
the substance of the complaint or that part of the complaint has been appropriately dealt with in another proceeding.
17.1(6)
Where the board dismisses all or part of a complaint, the board shall serve the parties to the complaint with a written notice of and the reasons for the dismissal.
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