Referral of matters to the Labour and Employment Board
73.1(1)Despite subsection 74(1), the Tribunal may refer a matter to the Labour and Employment Board that, in the opinion of the Tribunal, involves a question of law or a question of mixed law and fact involving labour or employment law.
73.1(2)If the Tribunal refers a matter to the Labour and Employment Board under subsection (1), the Tribunal shall
(a)
state the question in writing, setting out the facts on which it is based, and
(b)
file with the Labour and Employment Board the question together with additional information or material that the Tribunal considers relevant.
73.1(3)The Labour and Employment Board shall consider and determine the question, and the decision of the Labour and Employment Board on the question is final and binding on the Tribunal and the parties and shall be deemed to be a part of the Tribunal’s decision.
73.1(4)When the Labour and Employment Board hears a matter referred to it under this section, subsections 73(3) and (4) and sections 75, 76 and 80 apply with the necessary modifications to the hearing.
73.1(5)To the extent they are not inconsistent with the
Labour and Employment Board Act, the practice and procedure of the Tribunal apply with the necessary modifications to a hearing under this section.
2013, c.31, s.23; 2017, c.48, s.12