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The Ontario Labour Relations Board has held that an employee who
was fired two months after injuring her knee at work, was not
dismissed for asserting her safety rights under the Ontario
Occupational Health and Safety Act.
The employee claimed, in her application to the Ontario Labour
Relations Board, that she injured her knee at work in April 2011
and was told by a manager to "walk it off and take it easy
over the next few weeks". She did not lose any work time.
She asserted in her application that in May 2011 her knee injury
worsened and she sought medical assistance, and that during June
2011 her employer starting putting together the paperwork to report
the injury to the Workplace Safety and Insurance Board.
The Ontario Labour Relations Board stated:
"There is nothing pleaded by the applicant to even remotely
suggest that her loss of employment was the direct result of acting
in compliance with, or seeking the enforcement of, the Act or its
regulations, or of giving evidence in a proceeding in respect of
the enforcement of the Act or its regulations. As noted by the
responding party in its response, the applicant's only
complaint relates to the Workplace Safety and Insurance Act,
1997, S.O. 1997, c. 16, legislation that is separate and
distinct from the Act."
The OLRB thus dismissed the employee's application without a
full hearing.
This decision shows that the fact that an employee had a recent
injury will not, on its own, provide the basis for a reprisal
complaint under the Occupational Health and Safety Act
where the employee is later dismissed.
About Fraser Milner Casgrain LLP (FMC)
FMC is one of Canada's leading business and litigation law
firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a workplace of choice for our people. Regardless
of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
consistently delivering the highest quality legal services and
counsel to our clients is complemented by an ongoing commitment to
diversity and inclusion to broaden our insight and perspective on
our clients' needs. Visit:
www.fmc-law.com
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