Preparing for Your Hearing

Before your hearing, you will receive a Notice of Hearing from the board officer assigned to your case. The Notice of Hearing will tell you the time, date and location of the hearing. It will also tell you the deadline for submitting documents to the Manitoba Labour Board (the “Board”) that you intend to use in your hearing.

Some hearings last a few hours; others may last several days. The board officer can help you understand what to expect and how to submit documents for the hearing but can not give you any legal advice. Similarly, the Board does not provide legal representation to parties involved in hearings. You are able to hire a lawyer at your own cost or have another person (such as a union representative or advocate) attend the hearing to assist you. Many individuals represent themselves at Board hearings. The Board tries to ensure the process is understandable and accessible, even for those without legal training.

The Board adheres to the open court principle, which means that hearings at the Board are usually open to the public. If you would like to attend an in-person or virtual hearing to help you understand the process, contact the Board. You can also make an appointment to visit the office and the hearing room so you can see where your hearing will take place. Recordings and cameras are forbidden.

Mediation

The Board may appoint a board officer to act as a mediator at any time, including during a hearing. Mediation is a voluntary, confidential and informal process, intended to assist parties to resolve disputes without a hearing. During mediation, the board officer will discuss issues and possible solutions with all parties involved in the case.

Mediation can be helpful because:

• it is faster than a hearing
• it is less formal than a hearing and solutions can be creative
• you are part of deciding how to resolve the issues
• discussions stay private
• it helps maintain workplace relationships
• everyone can win
• parties can come up with creative solutions that may not otherwise be available if the matter proceeded to hearing

Mediation might resolve all, some or none of the issues. Any resolved issue will be written into an agreement, and unresolved issues will go to a hearing. Mediation is a confidential process and discussions and documents that arise from the mediation process can not be used as evidence.

At any stage of the hearing, the board may allow parties to pause and resume mediation.

Location and participants

A hearing can be held virtually, in-person, or may involve a hybrid of the two. Most in-person hearings are held in one of the hearing rooms at the Board's office in Winnipeg, but hearings can be held anywhere in Manitoba.

Hearings are usually conducted by either one person (the “chair” or “vice-chair”) or a panel of three. A panel includes either the chair or vice-chair and two board members (an employer representative and an employee representative). A board officer will also attend the hearing to maintain accurate records, administer oaths and generally serve as a liaison between the public, counsel and the Board, providing information and assistance regarding Board procedures and schedules.

The “parties” to the hearing include the applicant (or appellant) and the respondent. Sometimes there might be a third party with interest in the case, such as an employer or another union. Parties can call witnesses to participate in the hearing.

The panel and board officer sit at the front of the hearing room. You and your representative will sit at one table and the other party and their representative will sit at another table. The witness chair is positioned between the Board and parties. Public seating is available at the back of the room for observers.

Failure to attend

If you know in advance that you cannot attend, you must notify the Board in writing in advance and as soon as possible, explaining your reason and requesting a change of date. The Board will review your request and inform all parties if the date is changed.

If the Board does not approve the change, the hearing will proceed as scheduled.

If you don't attend your hearing, it will proceed without you. This means:

• you lose the opportunity to present your case, evidence, or arguments
• the panel may rely solely on the information provided by the other party
• any decision made will be legally binding, even if you were not present

Prepare carefully for your hearing

• Identify key issues and understand exactly what you are alleging has happened and why its contrary to the law.
• Determine what evidence you have that proves your case and how you can get it before the Board.
• Be prepared to explain how the evidence supports your case.
• Consider opposing arguments.
• Research similar cases and read previous orders.
• Ensure that you understand the solutions and penalties you can suggest that are within the Board's powers.

Know the Law and Regulations

• Familiarize yourself with the relevant sections of the law that applies (i.e. The Labour Relations Act, the Employment Standards Code).
• Review the Board's Rules of Procedure.
• Review the Board's Information Bulletins for further information.
• Review the Board's cases published on its website to understand how the Board has ruled in the past.

Gather Evidence

• Collect documents: emails, contracts, policies, reports, photos, etc.
• Ensure evidence is relevant, clear, and complete.
• Choose documents and witnesses that support what you need to prove.
• Organize the evidence into a Book of Documents which is all the documents you intend to use at the hearing.
• Assemble Agreed Statement of Facts and Agreed Book of Document

Prepare and submit evidence

Parties will be requested to submit electronic copies of their documents via email to mlbregistrar@gov.mb.ca in advance of the hearing. PDF or MS word documents are preferred. They may also bring paper copies of the document to the Board offices, in which case six copies of any document must be provided.

Ensure files are named clearly and are easy to open and read as all documents will be shared with the other parties.

The documents submitted will be shared with all parties in advance of the hearing. They are not yet considered as evidence. The party that intends to use them must be prepared to identify it and explain why it is relevant before it can be entered as an exhibit.

You should review the information provided by the other party and be prepared to ask questions about it, if necessary.

Finding Witnesses

Sometimes it is necessary to have a witness attend the hearing to support your position. When selecting a witness, keep in mind the following:

• Select individuals who have direct knowledge of the facts related to your case. For instance, consider whether you need a witness to explain what happened because they saw it or were part of it, or if they are required to explain a document.
• Ensure your witnesses are available on the hearing date.
• Explain the process, review your questions, and provide location and time details.
• Discuss if any accommodations are needed, including language interpretation. If so, please let your board officer know as soon as possible.
• If the witness is outside Manitoba, you may need to request permission for them to testify virtually or by phone.

Subpoena

A subpoena issued by the Board is a formal legal document that requires a witness to attend a hearing and bring specific documents if necessary. It ensures that essential testimony or evidence is available when voluntary attendance isn't guaranteed.

If you think you require a subpoena to ensure the attendance of a witness, contact your board officer. Be prepared to explain why the witness's testimony is important.

If a subpoena is issued by the Board, you must personally serve the subpoena to the witness, together with the required attendance money, in accordance with Tarriff B of the Court of King's Bench Rules: Court of King's Bench Rules, M.R. 553/88

The subpoena must be served at least seven days before the hearing.

Final Preparations

In the days before the hearing starts, it is important to:

• Review all documents – your own and the opposing party's.
• Confirm your witnesses – make sure they can still attend.
• Prepare your opening statement and closing argument.

Board's Introduction

The Board will introduce themselves, explain procedures, discuss break times, set ground rules, and ask all parties to introduce themselves. The presentation order varies by case type- usually applicant/appellant first, then respondent.

Preliminary Matters and Objections

Before the main hearing, you may raise Jurisdictional Objections or Procedural Requests.

Jurisdictional Objections challenging the Board's authority to hear the case (e.g., matters outside Board's mandate, filing deadline passed). When raising an objection, clearly state what it is, explain the legal basis, and indicate your desired outcome. The Board may decide immediately, reserve their decision, or take a break to consider your request.

Procedural Requests include postponement requests, requests to keep witnesses out of the hearing room until they testify, or accommodation requests.

Opening Statements

An opening statement is an opportunity for you to briefly outline your case, state the key issues, mention your desired remedy (the solution or outcome you're seeking), and outline the evidence and witnesses you plan to present. It is not an opportunity to present evidence or to argue your case. Opening statements are optional.

Tips for a Good Opening Statement

• Be clear and concise.
• Avoid arguing or presenting evidence—save that for later.
• Stick to the facts and structure of your case.
• Practice ahead of time to stay within a reasonable time frame.

Presentation of Evidence

Evidence (information presented to prove or disprove facts) includes sworn witness testimony and documents. The Board officer will ask for a list of witnesses you intend to call each day. Witnesses must swear an oath (a solemn promise to tell the truth, often with religious reference) or affirm (a formal declaration to tell the truth without religious references).

Documentary Evidence

In order for the Board to consider the documents that you have presented as part of your case, each document or item must be entered as an exhibit through a witness or by consent of the other party. A witness may be asked to verify or explain the document or item presented as an exhibit. Accepted evidence receives an exhibit number (identification number assigned by the Board).

The Board will only consider evidence with exhibit numbers in their decision. The Board will not consider documents from your book of documents or that formed part of your file if they were not presented at the hearing.

Questioning Witnesses

There are some special rules for witnesses during a hearing. Witnesses must:

• be sworn in or affirmed before testifying
• not have any prepared notes available to them while they are testifying
• not discuss the case until finished testifying
• not make notes while testifying

Witnesses taking part virtually must:

• close other programs - any device used when testifying should only be used to participate in the hearing and view exhibits to which they are testifying
• not have anyone else in the room while they are testifying
• sit in a quiet place where they cannot be overheard
• not consult with anyone during their testimony
• have access to the exhibits about which they will testify
• not look at or make reference to notes or other documents or materials other than the exhibit to which they are testifying, unless allowed to do so by the Board
• position camera so their whole face is visible
• not use a virtual background
• speak to the camera
• confirm privacy

Direct Examination

When questioning your own witness, ask clear, open-ended questions starting with “who,” “what,” “where,” “when,” “why,” or “how.” Avoid asking questions that suggest the desired answer, e.g. “Isn't it true that you were wearing a red dress on October 3?” Instead ask “what colour was the dress you were wearing on Oct 3?”

Good questions in a direct examination explore background, sequence of events, documents, and perceptions. It's your chance to build the factual foundation for your arguments.

Cross-Examination

After the direct examination of your witness, the opposing party has an opportunity to ask questions of the witness. You will also have an opportunity to cross-examine any witnesses from the opposing party.

Leading questions are allowed in cross-examination. Effective questions may challenge credibility, show contradictions, establish favourable facts, introduce alternative interpretations of the facts and limit damage.

Re-Examination

Re-examination (follow-up questioning) is optional, and it is usually brief. The Board may allow re-examination to clarify any confusing or misleading statements made during cross-examination by the opposing party. If allowed, you may ask follow-up questions about new issues raised during cross-examination. It is not a chance to ask questions you forgot to ask in direct examination.

Objections

Objections are raised to challenge the admissibility or appropriateness of certain questions, evidence or procedures. Objections should be raised immediately and should be directed to the panel.

Common objections during the hearing include:

• leading questions during direct examination
• irrelevant evidence or questions
• hearsay (second-hand information). Example: The witness is testifying about something they heard from someone else, rather than what they personally experienced
• statements of opinion from non-experts (providing an opinion that the witness is not qualified to make)
• asked and Answered (same question, same answer)
• mischaracterization (A question misrepresents prior testimony or evidence)
• privileged information (legally protected communications)

When objecting, state clearly that you object, explain why, and wait for the Board's ruling. If the Board sustains (agrees with) an objection, the question should be rephrased. If overruled (disagreed with), wait for the witness to answer.

Closing Arguments

Your closing statement is your opportunity to summarise your case and persuade the Board to rule in your favour.

• Focus on key facts and evidence, but do not introduce new evidence.
• Highlight the strengths of your case and address weaknesses.
• Explain how the law applies and reference relevant case law, if applicable.
• State your desired outcome (remedy).
• End with a clear and confident request for the Board's decision.

Adjournments and Continuations

If a hearing can't finish on schedule, the Board will adjourn to check everyone's availability and set dates to continue in the future. During an adjournment, previous evidence remains on record, completed witnesses usually don't return, and you shouldn't discuss the case with witnesses who haven't finished testifying.

The Board's Decision Process

At any time, the Board may pause the hearing to deliberate on a particular question such as an objection, or whether to allow a particular witness or specific evidence.

After the hearing concludes, the Board will adjourn to deliberate privately. No new evidence can be added after the hearing ends. The Board reviews all testimony and exhibits, considers witness credibility, applies relevant laws, reviews precedent cases, and determines appropriate remedies. Most decisions are issued within three months.

It is expected that all persons participating in Board hearings follow certain rules and procedures to ensure that the hearing is conducted in an efficient, professional and timely manner. Here are a few key rules you should know:

• Arrive on time and silence electronic devices.
• Don't eat while giving testimony.
• Organize documents, track exhibit numbers, and take notes.
• Address comments to the panel.
• Ask for clarification when needed, respect time limits, be concise.
• Address people formally. Don't shout, ignore instructions, have angry outbursts or use foul language.
• Don't interrupt, don't use slang (unless quoting), and don't argue with the panel.
• Listen carefully, speak clearly, stay calm, and don't show negative reactions.
• Don't approach witnesses without permission.
• Don't discuss the case with witnesses during breaks in their testimony.
• Don't read from a script when testifying.
• Don't misrepresent facts or make untrue statements.
• Don't contact Board members outside the hearing.
• Don't leave until the Board adjourns.
• Recording is strictly prohibited. Don't record audio, video, or take photographs during the hearing.

General Expectations for Observers

Hearings are generally open to the public, unless the Board decides otherwise due to confidentiality or sensitivity of the case.

• Observers must be identified at the start of the hearing. If a new observer joins later, the Board must be notified immediately.
• Observers are not allowed to participate in the hearing. They must remain silent and not interfere in any way.
• Respectful behaviour is mandatory. Observers must not disrupt the proceedings and should follow any instructions given by the Board.