Not a Reprisal When Discipline Occurs Before Exercise of Protected Right


A worker filed a reprisal complaint under the OHS Act, claiming that he’d been disciplined for raising safety concerns about the company’s general operations and his relationship with some supervisors. The Labour Relations Board dismissed his complaint, ruling that because the only employment consequences about which he specifically complained occurred before he invoked any right under the Act, they can’t have occurred because he exercised such rights [Dubuc v. Ontario (Community Safety and Correctional Services), [2011] CanLII 46615 (ON LRB), July 29, 2011].