After only two months on the job, an equipment operator/driver
was terminated by his employer. He believed he had been terminated
because he had recently raised several health and safety concerns
about a job site. He had been concerned that a waste disposal bin
he was required to service was in close proximity to overhead power
lines. He alleged that upon telling his employer about his
concerns, his employer terminated his employment.
The worker made a complaint to the Occupational Health and
Safety (OH&S) Division, claiming that the employer's
conduct constituted discriminatory action against him contrary to
the occupational health and safety provisions of the
Saskatchewan Employment Act (SEA). OH&S
officials investigated the matter and determined that the
worker's complaint of discriminatory action was well-founded.
The employer was directed to reinstate the worker and make him
whole with respect to lost wages and benefits. The employer
appealed. The OH&S