Ontario Labour Relations Board Decides Pension Grievance Without a Hearing After Employer Fails to Participate
September 17, 2026
The Ontario Labour Relations Board (“Board”) granted a grievance referral under section 133 of the Labour Relations Act, 1995 after the employer failed to participate in the proceeding, ultimately ordering the employer to pay more than $16,500 in outstanding pension and benefit remittances.
The union alleged that the employer had failed to remit pension contributions and other required payments on behalf of an employee for work performed between June and October 2025. Although the employer received notice of the grievance referral and was advised of the consequences of failing to respond, they did not file the required Notice of Intent to Defend.
As a result, the Board proceeded without a hearing and accepted the facts set out in the union's application as uncontested. The Board found that the parties were bound by the applicable collective agreement and that the employer had breached the agreement by failing to make the required pension, benefit, and other remittance payments.
The Board ordered the employer to pay $16,578.62 in outstanding remittances and reimburse the union's $250 filing fee. It also issued declarations confirming that the employer was bound by the collective agreement and had violated several provisions of the collective agreement.
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