Supreme Court
Decision Information
Abstract: Application for certiorari to quash the decision of the Labour Standards Board requiring an employer to include a provision for overtime in a permit where the employee works averaged hours under a section 8 permit. Board had also sought a memorandum from the Labour Standards Officer whose decision was under appeal. While the board could obtain such assistance as necessary from the officer in order to better understand his decision, there were procedural considerations. The Board had a duty to disclose that it had asked for this information nor was the memo provided to counsel for echo Bay and in doing so, the Board department from the requirement of fairness set out in the statute.
Decision: Application granted. Order in that nature of certiorari quashing the Board's decision granted.
Subjects: Administrative law - Natural justice and duty to act fairly
Labour law - Labour legislation - Interpretation - Provincial legislation