Reprisal for harassment claim not a health and safety issue
A fired employee’s claim of reprisal for a harassment complaint has been rejected by the Ontario Labour Relations Board for being outside its jurisdiction.
Paula Nunes was an employee of AGF Albrecht, a manufacturer and supplier of reinforced steel and wire mesh for construction projects based in Kitchener, Ont.
Nunes claimed she was harassed at work over two-and-one-half months of employment with AGF from July 10 to Sept. 27, 2012. She made a complaint about workplace bullying and harassment to AGF, but her employment was soon terminated. Nunes claimed the termination was a reprisal for her complaint and filed an application under the Ontario Occupational Health and Safety Act, which prohibits employers from dismissing or disciplining employees for exercising their rights under the act.
The board found there was no evidence in Nunes’ application that showed any causal connection between her exercising any rights under the act and AGF’s decision to terminate her employment. This didn’t necessarily mean her termination wasn’t related to Nunes’ harassment complaint, but that would be a separate issue that didn’t relate to any protection for a health and safety complaint, said the board.
The board also said if Nunes’ dismissal was related to her harassment complaint, the issue was outside of its jurisdiction and would have to be addressed in another forum. It was not the board’s place to rule on such matters.
“It appears to me that this application, as pleaded, even assuming all of the assertions in it can be proven, does not articulate any causal connection between the exercise of a right protected under the (Occupational Health and Safety Act) and (AGF’s) decision to terminate her employment,” said the board. “The board has determined that it does not have jurisdiction to inquire into a harassment complaint or an allegation that an employee has been dismissed for making a harassment complaint known to the employer.”
