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ARTICLE · 16 JULY 2014

Reprimands For "Violation Of Basic Safety Protocols" Were Not Discriminatory

The employee’s union grievance had alleged bullying and harassment against the supervisor under the Occupational Health and Safety Act.

CanadaEmployment and HR

After failing in a harassment grievance that was based on the Occupational Health and Safety Act, an employee has failed in his bid to persuade the Human Rights Tribunal of Ontario that safety-related discipline against him was discriminatory under the Human Rights Code.

The employee's union grievance had alleged bullying and harassment against the supervisor under the Occupational Health and Safety Act; the grievance had been denied.

In his Human Rights Tribunal application, the employee alleged that, in one incident, his supervisor yelled at him about wearing proper safety equipment because he did not have his safety boots on. The employee felt that the safety boots were not necessary. After another incident, the supervisor gave him a letter about the need to wear appropriate safety equipment. The employee claimed that, in yet another incident, the supervisor had berated him, called him stupid, and threatened him with being fired.

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