Pre-Hearing Meetings : NS Labour and Advanced Education, Labour Relations Board
1.6 Policy Statement on Withdrawal/Dismissal Orders
When all parties to an Application or Complaint request permission for the Application or Complaint to be withdrawn, normally the Board or Panel shall give its consent;
When all Applicants or Complainants request permission to withdraw an application or complaint, prior to the matter having been set down for hearing, normally the Board or Panel shall give its consent;
If one or more Applicants or Complainants request permission to withdraw after the matter has been set down for hearing, normally - the Board or Panel shall refuse consent to withdraw, and dismiss the matter;
Notwithstanding paragraphs I and II, the Board or the Panel may reject a request to withdraw and insist upon dismissal if in its opinion special circumstances merit such an approach; and
Where a party to an Application or Complaint seeks to assert special circumstances in requesting that the Board or Panel derogate from the general rules in paragraphs I, II and III, that party shall bear the burden of persuasion in the matter.