Paladin Security Group Ltd. v. Construction General Labourers, Rock & Tunnel Workers

Firms involved

Barteaux Labour and Employment Lawyers Inc., MWHS Law, Benson Buffett PLC Inc.
PALADIN SECURITY GROUP LTD
Law Firm
Barteaux Labour and Employment Lawyers Inc.
Lawyer(s)

Nancy F. Barteaux

CONSTRUCTION GENERAL LABOURERS, ROCK & TUNNEL WORKERS, LOCAL 1208
Law Firm
MWHS Law
Lawyer(s)

Andrew G. Hurley

NEWFOUNDLAND AND LABRADOR LABOUR RELATIONS BOARD
Law Firm
Benson Buffett PLC Inc.
Lawyer(s)

Megan Reynolds

Facts: Paladin Security Group Ltd. challenged a Labour Relations Board decision certifying a bargaining unit proposed by the Construction General Labourers, Rock & Tunnel Workers Local 1208. Paladin argued that the certification created unnecessary fragmentation and disputed the bargaining unit's description, requesting a hearing to present evidence and submissions.

Issues: The court reviewed whether Paladin was denied procedural fairness in the Board's decision-making process and if the decision was reasonable.

Court's Ruling: The Supreme Court of Newfoundland and Labrador found that the Labour Relations Board's reasons were insufficient, constituting a breach of procedural fairness. The court set aside the Board's decision and remitted the matter to a different panel for rehearing, emphasizing the need for a transparent, intelligible, and justifiable decision-making process.

Costs/Damages: Paladin was awarded costs calculated under Column III. No amount was specified.

Supreme Court of Newfoundland and Labrador
202301G3257
Labour & Employment Law
Applicant