A worker claimed that he was fired at least in part because of his work as a member of the JHSC and as a “health and safety activist.” The employer argued that he was fired because of misconduct including insubordination and harassment. The Labour Relations Board found that the employer had failed to prove the insubordination but did find that the worker engaged in sexual harassment and bullying of a female co-worker, which warranted a serious disciplinary response. In addition, the Board rejected the claim that the worker’s termination was a reprisal for his exercise of OHS rights and work on the JHSC. So the Board concluded that the employer had just cause for firing the worker [Hydro One Networks, Inc.,  O.L.R.D. No. 3173, Oct. 1, 2015].
SUBSCRIBE TO OUR OHS TIPS, COMPLIANCE NEWSLETTER AND WEBINAR INVITES