MOL Discriminated by Firing OHS Officer for Appealing Director’s Decision

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After the Director of the MOL reversed various orders an OHS officer had issued to a prison, the officer sent the Director a letter appealing the decision. The Director rejected the notice of appeal on the grounds that she wasn’t a person directly affected by the orders and thus had no right to appeal. The MOL told her to “cease and desist” in pursuing the appeal, but she refused and was fired. The court ruled that the MOL had discriminated against the officer by firing her for trying to seek enforcement of the OHS laws. Only an adjudicator—not the Director—had the authority to determine if the officer had a right to appeal. So the officer had a legal right to pursue having her appeal heard by an adjudicator and couldn’t be fired for doing so [Dunkle v. OHS Division (Ministry of Advanced Education, Employment and Labour), [2011] SKQB 59 (CanLII), Feb. 3, 2011].