Once Is Enough: OLRB Dismisses Safety Reprisal Complaint Already Resolved By Arbitrator

Employers sometimes despair over employees who file multiple claims over the same issue.  The Ontario Labour Relations Board has decided that, at least with respect to safety-reprisal complaints under the Occupational Health and Safety Act, employees get only one kick at the can, so to speak.

The employee had been dismissed for insubordination after he, in an insolent manner, refused to do certain work because of the physical effort involved.  The union grieved the dismissal.

The labour arbitrator dismissed the grievance.  In the course of his decision, the arbitrator found that the employee had not, at the time of his refusal, identified clearly that there was a safety issue underlying his concerns.