I’m not worried about the labour board. They are really reasonable to deal with. Human rights tribunal is a nightmare. What they are all about is settling. They do not want yoou to take to the ajudicator. Numerous times I got letters suggesting I settle. I didn’t do what was claimed, I was not settling.I have had that, but i never lose anymore. I lost a few in my early days, then i learned from some of the best....., I am a documentation king.
Worked in as a union guy and non union, so i know the culture deeply, as well manage in some of the most militant unions around Canada. CAW, Longshoreman, steelworkers...Etc etc..longshoremen are the craziest, make steelworkers look like kids...I was in steelworker union as an ironworker many , many moons ago...
Now, I teach my managers and supervisors how to document, how to engage, how to coach and mentor.. .Labor board has no chance, nor does a union if you do it correct, every part correct. Labor board is nothing compared to the unions in truth...
The only time one may lose , if they do it all correct and use step procedures etc. The onmly way one may lose is if the company is making a deal with the union and will let them win against x case, but the union will give up x issue...Backroom negotiating, which i am part of now, and i am not a fan of it, BUT, one has to do things for the greater good at times when in a role like mine and i wont hurt anyone in the process and i always let the managers know what happened and ask them to communicate a loss to their supervisors etc, sparing details. It sucks, but its biz...
In the end I won, it was all dropped, but 3 years of bullshit. But I have done it once. I know the procedure now, I would have it dropped right at the start (I was told by a lawyer that specialized in this that there was no way to get it dropped at the start, she lied, well they make $800 an hour, after $3000, I fired her and I did it myself).
See its all geared towards the complaintant and the person who is named is considered guilty right off the bat. So she could file her paperwork late, get reminded numerous times by the tribunal to file and so on, but if I missed one deadline I was threatened with immediate reprocussions and considered to pay the settlement.
See at eh start all other staff made statements saying that i was not the type of person to do this, and that they didn’t see what was implied, but in the tribunals eyes it doesn’t matter if you are a saint, its only how the other person “feels”. so a good person can do bad things unwillingly and therefore are guilty, even if they didn’t know what they were doing is wrong. It all based on how they “feel”
Anyhow it won’t happen again. I learned a valuable lesson that cost me $3000, lol.