Who may apply to the Labour Relations Commission for relief from an employer's unfair labour practice, and within what period must that application be made?
General information · Not legal advice
Material to check
In a practice file we read the application for relief and the name of the Labour Relations Commission it was filed with, the papers showing what the employer did and that the applicant is a worker or a labour union, and the papers fixing the date of that conduct or, for a continuing practice, the date it ended.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes both conditions together: a worker or a labour union whose rights have been infringed by an employer's unfair labour practice may apply to the Labour Relations Commission for relief, and that application must be made within the period the provision sets, counted from the day the unfair labour practice occurred or, where the practice was continuing, from the day it ended.
Another reading stresses that the period is counted from the end date only where the conduct was a continuing practice, so the provision leaves open how a file shows that a practice was continuing and on what day it ended, which decides when the period began.
Your judgment
When the employer's conduct continued over time, what in the file could show the day that continuing practice ended?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply or how the period is counted, or if a decision explains when a continuing unfair labour practice has ended for this purpose.