Scents And Sensibility In Canadian Workplaces

When is an employee discriminated against because of odours in the workplace? In the recent decision of Gillis and Nova Scotia (Public Service Commission), Re, (http://canlii.ca/t/gncqd), the Nova Scotia Labour Board considered this issue. An employee advised management that scents worn by co-workers caused him dizziness, nausea, migraines, loss of appetite, insomnia, anxiety and depression. The employee agreed to create scent-sensitivity signage and produce emails and webcasts for employees about the importance of scent-free workspaces.

The employee exercised his right to refuse unsafe work pursuant to s.43(1) of the Occupational Health and Safety Act because another employee was wearing a fragrant body spray. The employee eventually agreed to return to work. Within two months from the employee's return, co-workers complained that the employee had made disparaging or threatening remarks about them. The employee had previously been disciplined for similar