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ARTICLE · 11 FEBRUARY 2013

Work Refusal Process May Not Be Used To Challenge Employer's Established Practices: OLRB

Dentons Canada LLP
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The Ontario Labour Relations Board has recently held that the work refusal process under the Occupational Health and Safety Act may not be used to challenge existing and established practices of the employer.

CanadaEmployment and HR
Adrian Miedema
Adrian Miedema
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In a long-running and bitterly-fought case involving prison guards, the Ontario Labour Relations Board has held that the work refusal process under the Occupational Health and Safety Act may not be used to challenge existing and established practices of the employer.

The case involved a staged work refusal by Correctional Officers and other prison employees after an unidentified person called the institution and said that a "zip gun" - a crude, home-made prison weapon - was in the institution.

The Institution's Operational Manager decided that under the institution's weapon search policy, the situation called for a "Level 2(b)" search of the institution; the employees demanded a "Level 4″ search which would involve cell extractions of prisoners by specially trained teams.

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