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No Provincial OHS Reprisal Claim against Federally Regulated Bank

Sec. 50 of the Ontario OHS Act bans employers from taking reprisals against workers for exercising their OHS rights and gives workers the right to file a reprisal complaint with the OLRB. And that’s just what a temp working at the Canadian Imperial Bank of Commerce did. But the OLRB made quick work of the case. The problem, of course, is that the CIBC is a federally regulated employer and thus not subject to Ontario OHS rules. So the OLRB had to dismiss the case for lack of jurisdiction, i.e., legal authority to rule on the claim [2018 CanLII 68372 (ON LRB), July 19, 2018].