Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act

Marginal note:Application by employee for decision

• 205.06 (1) An employee may, either personally or through a representative, apply to the provincial labour relations board for a decision as to whether

  • (a) an employer or provider of services has failed to pay wages or grant benefits to the employee that are required under subsection 205.019(2), 205.044(4), 205.045(7), 205.048(6), 205.051(2), 205.052(2) or (3), 205.053(1) or (2), 205.055(2) or (3), 205.056(6) or 205.058(2) or (5); or

  • (b) a person or organization has taken or threatened to take reprisal action against the employee contrary to subsection 205.059(2).

• Marginal note:Time limit

  (2) The application shall be made within 90 days after the day on which the grounds for the application became known or ought to have become known to the employee.

• Marginal note:Burden of proof

  (3) In a proceeding before the provincial labour relations board in respect of an allegation that reprisal action referred to in paragraph (1)(b) has been taken or threatened, the burden of proving that no such reprisal action has been taken or threatened is on the person or organization against whom the allegation is made.

• Marginal note:Conduct of proceeding

  (4) The rules of practice and procedure that apply to applications for the determination of a matter made under the Labour Relations Act, R.S.N.L. 1990, c. L-1, as amended from time to time (in this section and in sections 205.063, 205.1 and 205.103 referred to as the “Provincial Labour Relations Act”) apply to applications made under subsection (1).

• Marginal note:Costs

  (5) The costs incurred by the provincial labour relations board in respect of an application made under subsection (1), including the remuneration of its members, shall be paid by the Board as defined in section 2.

• Marginal note:Powers, privileges and immunities

  (6) The provincial labour relations board and each of its members has the powers, privileges and immunities granted by the Provincial Labour Relations Act.

• Marginal note:Non-application of Federal Courts Act

  (7) For the purposes of the Federal Courts Act, the provincial labour relations board, when exercising jurisdiction or powers under this section, is not a federal board, commission or other tribunal as defined in subsection 2(1) of that Act.

• Marginal note:Grievance under collective agreement

  (8) An employee who is aggrieved by a subject-matter described in paragraph (1)(a) or (b) should, if the employee is bound by a collective agreement that provides for final and binding arbitration of grievances in respect of the subject-matter, present a grievance under the agreement.

• Marginal note:Exercise of rights

  (9) An employee who exercises their right within the time permitted under the collective agreement is not permitted to make an application under subsection (1) in respect of the same subject-matter unless it is determined that the arbitrator does not have jurisdiction to hear the grievance. In that case, the employee may, within 90 days after the day on which a final determination is made that the arbitrator does not have jurisdiction, make an application under that subsection.