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ARTICLE · 22 SEPTEMBER 2023

Disciplinary Action Complaints: Elements And Appeal Criteria

Dentons Canada LLP
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Alberta's Occupational Health and Safety Act (Act) gives employees another avenue to pursue when they believe their employer has not treated them properly.

CanadaEmployment and HR
Cristina Wendel
Cristina Wendel
Jenny Wang
Jenny Wang
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Alberta's Occupational Health and Safety Act (Act) gives employees another avenue to pursue when they believe their employer has not treated them properly. Under the current Act, employees who are not subject to a collective agreement can file a disciplinary action complaint (DAC) with Occupational Health and Safety (OHS). DACs are decided by OHS officers and decisions can be appealed to the Alberta Labour Relations Board (the ALRB).

A recent ALRB case, Pitman v. Ichor Blood Services Inc.(Pitman),1contains a good reminder of the test for a DAC, as well as the applicable standard of review on appeal.

In Pitman, an employee filed a DAC against her employer (then called a discriminatory action complaint under the Act in force at the time). The employee asserted that she was terminated for reporting a health and safety concern. The employee was hired as a customer service and business development representative. While still in her probationary period, she had twice

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Dentons is the world's first polycentric global law firm. A top 20 firm on the Acritas 2015 Global Elite Brand Index, the Firm is committed to challenging the status quo in delivering consistent and uncompromising quality and value in new and inventive ways. Driven to provide clients a competitive edge, and connected to the communities where its clients want to do business, Dentons knows that understanding local cultures is crucial to successfully completing a deal, resolving a dispute or solving a business challenge. Now the world's largest law firm, Dentons' global team builds agile, tailored solutions to meet the local, national and global needs of private and public clients of any size in more than 125 locations serving 50-plus countries. www.dentons.com

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Specific Questions relating to this article should be addressed directly to the author.

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