An employee's lack of knowledge of safety laws was a proper consideration in his employer's decision to deny him a promotion, a labour arbitration board has decided.

The employee, a unionized mechanic with the City of Moncton, applied for the position of Service Foreman-Mechanical. His application was unsuccessful. A coworker with less seniority won the position. The employee filed a grievance under the collective agreement.

The issue was whether the employee had the qualifications to do the job. One of the listed qualifications was "Knowledgeable in the Occupational Health and Safety Act and Regulations". The interview committee determined that he did not possess adequate knowledge of the Occupational Health and Safety Act and Regulations and that this was a requirement. The arbitration board noted that the employee did not even testify, at the arbitration hearing, as to his level of knowledge of that Act and the Regulations; as such, the arbitration board was unable to conclude whether he had the necessary knowledge.

The arbitration board noted that the union had vetted and approved the list of job qualifications prior to the job having been posted. The arbitration board decided that the employee had also failed to prove that he had some of the other listed qualifications including supervisor experience and knowledge of certain computer applications.

The arbitration board closed by stating:

"There is no question in the mind of the Board the grievor was and is an extremely competent mechanic who may very well have been a competent foreman. However, he did not provide adequate evidence, to support his contention of his capability to perform the job at the time of bulletining. This is indeed unfortunate."

Ryan v Moncton (City), 2014 CanLII 51635 (NB LA)

For more information, visit our Occupational Health & Safety Law blog at www.occupationalhealthandsafetylaw.com

About Dentons

Dentons is a global firm driven to provide you with the competitive edge in an increasingly complex and interconnected marketplace. We were formed by the March 2013 combination of international law firm Salans LLP, Canadian law firm Fraser Milner Casgrain LLP (FMC) and international law firm SNR Denton.

Dentons is built on the solid foundations of three highly regarded law firms. Each built its outstanding reputation and valued clientele by responding to the local, regional and national needs of a broad spectrum of clients of all sizes – individuals; entrepreneurs; small businesses and start-ups; local, regional and national governments and government agencies; and mid-sized and larger private and public corporations, including international and global entities.

Now clients benefit from more than 2,500 lawyers and professionals in 79 locations in 52 countries across Africa, Asia Pacific, Canada, Central Asia, Europe, the Middle East, Russia and the CIS, the UK and the US who are committed to challenging the status quo to offer creative, actionable business and legal solutions.

Learn more at www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.