Inquiry by labour relations officer
91.  (1) The Board may authorize a labour relations officer to inquire into any complaint alleging a contravention of this Act. Duties (2) The labour relations officer shall forthwith inquire into the complaint and endeavour to effect a settlement of the matter complained of. Report (3) The labour relations officer shall report the results of his or her inquiry and endeavours to the Board. R.S.O. 1990, c.L.2, s.91(1-3). Remedy for discrimination (4) Where a labour relations officer is unable to effect a settlement of the matter complained of or where the Board in its discretion considers it advisable to dispense with an inquiry by a labour relations officer, the Board may inquire into the complaint of a contravention of this Act and where the Board is satisfied that an employer, employers’ organization, trade union, council of trade unions, person or employee has acted contrary to this Act it shall determine what, if anything, the employer, employers’ organization, trade union, council of trade unions, person or employee shall do or refrain from doing with respect thereto and such determination, without limiting the generality of the foregoing may include, despite the provisions of any collective agreement, any one or more of, (a) an order directing the employer, employers’ organization, trade union, council of trade unions, employee or other person to cease doing the act or acts complained of; (b) an order directing the employer, employers’ organization, trade union, council of trade unions, employee or other person to rectify the act or acts complained of; (c) an order to reinstate in employment or hire the person or employee concerned, with or without compensation, or to compensate instead of hiring or reinstatement for loss of earnings or other employment benefits in an amount that may be assessed by the Board against the employer, employers’ organization, trade union, council of trade unions, employee or other person jointly or severally; or (d) an order, when a party contravenes section 15, settling one or more terms of a collective agreement if the Board considers that other remedies are not sufficient to counter the effects of the contravention. R.S.O. 1990, c.L.2, s.91(4); 1992, c.21, s.36(1). Orders re adjustment plans (4.1) For the purpose of remedying a contravention of section 41.1, the Board shall not settle any provision of an adjustment plan on terms determined by the Board. 1992, c.21, s.36(2). Burden of proof (5) On an inquiry by the Board into a complaint under subsection (4) that a person has been refused employment, discharged, discriminated against, threatened, coerced, intimidated or otherwise dealt with contrary to this Act as to the person’s employment, opportunity for employment or conditions of employment, the burden of proof that any employer or employers’ organization did not act contrary to this Act lies upon the employer or employers’ organization. R.S.O. 1990, c.L.2, s.91(5); 1993, c.27, Sched. Filing in court (6) A trade union, council of trade unions, employer, employers’ organization or person affected by the determination may file the determination, excluding the reasons, in the prescribed form in the Ontario Court (General Division) and it shall be entered in the same way as an order of that court and is enforceable as such. 1992, c.21, s.36(3). Effect of settlement (7) Where a proceeding under this Act has been settled, whether through the endeavours of the labour relations officer or otherwise, and the terms of the settlement have been put in writing and signed by the parties or their representatives, the settlement is binding upon the parties, the trade union, council of trade unions, employer, employers’ organization, person or employee who have agreed to the settlement and shall be complied with according to its terms, and a complaint that the trade union, council of trade unions, employer, employers’ organization, person or employee who has agreed to the settlement has not complied with the terms of the settlement shall be deemed to be a complaint under subsection (1). R.S.O. 1990, c.L.2, s.91(7); 1992, c.21, s.36(4).