Reprisal for safety complaint and harassment complaint different: Board

Reprisal for harassment claim not a health and safety issue
|Canadian Employment Law Today|Last Updated: 04/03/2013

A fired employee’s claim of reprisal for a harassment complaint has been rejected by the Ontario Labour Relations Board for being outside its jurisdiction.

Paula Nunes was an employee of AGF Albrecht, a manufacturer and supplier of reinforced steel and wire mesh for construction projects based in Kitchener, Ont.

Nunes claimed she was harassed at work over two-and-one-half months of employment with AGF from July 10 to Sept. 27, 2012. She made a complaint about workplace bullying and harassment to AGF, but her employment was soon terminated. Nunes claimed the termination was a reprisal for her complaint and filed an application under the Ontario Occupational Health and Safety Act, which prohibits employers from dismissing or disciplining employees for exercising their rights under the act.