Sending Worker Home Violated Work Refusal Procedures


A worker who staffed an armoured car wore a bulletproof vest. When the vest’s zipper broke during a shift, he filed a report. Before his next shift, he spoke to his supervisor, who offered him a used vest from the pool until his could be fixed or replaced. The worker refused. So the company sent him home. The next day, it called the MOL but the vest had already been fixed. An arbitrator concluded that the company had violated the work refusal procedures by not properly investigating the refusal and by sending the worker home when the OHS law required him to be at work and available to the MOL inspector looking into the refusal [Garda v. Teamsters Local 419, [2011] CanLII 7466 (ON L.A.), Feb. 18, 2011].