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Auto Technician Wasn’t Fired for Complaining about Indoor Smoking

An automotive technician repeatedly complained to his employer about the smoking taking place in the repair shop. But his complaints went unheeded and the technician felt he had to quit for his own safety. He also claimed he was constructively dismissed in retaliation for complaining about indoor smoking. The Alberta Labour Relations Board upheld the OHS officer’s decision to dismiss the complaint. The employer did take actions to address the technician’s complaints, including offering to move him to a different part of the shop, suggesting that whatever adverse action he suffered was due to reasons other than his safety complaints [Haidary v. Woodbridge Holdings Ltd., Board File No. OHS2021-18, August 17, 2022].

Action Point: Take 5 steps to prevent workplace smoking and avoid fines under smoke-free laws