Ontario Severance

Myrtezaj v. Cintas Canada Limited

2008 ONCA 277 (CanLII)Court of Appeal for OntarioDecided Labour relations

Constructive Dismissal & Statutory Freeze Jurisdiction

Summary

This is an appeal concerning whether a claim for constructive dismissal during a union certification period falls under the exclusive jurisdiction of the Ontario Labour Relations Board due to statutory freeze provisions. The Court of Appeal addressed whether the Superior Court could exercise residual discretionary power to hear the claim or if the Labour Relations Act, 1995, precluded such intervention.

Outcome

appeal dismissed

Key Factors

  • constructive dismissal
  • statutory freeze
  • exclusive jurisdiction
  • labour relations board
  • union certification

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.