Member

Labelling this a technical tweak denies its significance: it defines the threshold for imposing serious restrictions on an employer’s conduct in a sensitive process that directly affects employees’ rights to choose representation. Without clear safeguards, the CAC could, in theory, restrict employee communication or campaigning over a minor procedural lapse that had no real impact on the derecognition ballot’s fairness. That would be disproportionate and could chill a legitimate employer engagement, undermining confidence in the process. Again, I could go on to talk about proportionality at some length but, for everyone’s sanity, I will not.