Where there is an employee
complaint regarding an
alleged contravention of the anti-reprisal provisions of Bill 203, the Bill will allow the matter to be dealt with by arbitration where a collective agreement is in place, or through the filing of a
complaint with the Ontario Labour Relations Board (the «Board»).
(a) the
complaint or that part of the
complaint is not within the jurisdiction of the tribunal; (b) the acts or omissions
alleged in the
complaint or that part of the
complaint do not contravene this Code; (c) there is no reasonable prospect that the
complaint will succeed; (d) proceeding with the
complaint or that part of the
complaint would not (i) benefit the person, group or class
alleged to have been discriminated against, or (ii) further the purposes of this Code; (e) the
complaint or that part of the
complaint was filed for improper motives or made in bad faith; (f) the substance of the
complaint or that part of the
complaint has been appropriately dealt with in another proceeding; (g) the
contravention alleged in the
complaint or that part of the
complaint occurred more than 6 months before the
complaint was filed unless the
complaint or that part of the
complaint was accepted under section 22 (3).