The Occupational Health and Safety Act may protect
employees against retaliation for asserting their rights under that
Act, but not for merely sustaining an injury, the Ontario Labour
Relations Board has decided.
An employee filed a complaint under section 50 of the OHSA. She
asserted that by not giving her the job of Manager of Corporate
Learning, the employer retaliated against her because she sustained
an injury, and that that retaliation violated the OHSA.
The OLRB stated that even if it were true that the employer
retaliated against her for sustaining a workplace injury,
"sustaining an injury is not an assertion of a right under the
Occupational Health and Safety Act, and hence there is no
basis for a reprisal complaint.
Section 50 of the OHSA provides that an employer must not
dismiss, discipline, penalize or intimidate or coerce a worker
"because the worker has acted in compliance with this Act or
the regulations or an order made thereunder, has sought the
enforcement of this Act or the regulations or has given evidence in
a proceeding in respect of the enforcement of this Act or the
regulations or in an inquest under the Coroners
None of those circumstances were present in this case. As such,
the OLRB dismissed the retaliation complaint.
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