The applicant, a probationary employee, filed a complaint alleging that his employment was terminated in reprisal for raising health and safety concerns regarding a falling ratchet gun, contrary to section 50(1) of the Occupational Health and Safety Act.
The employer maintained that the applicant was terminated for submitting a fraudulent property claim for damaged work boots.
The Board found that the decision to terminate was made independently by labour relations personnel who had no knowledge of the applicant's safety concerns, and was based on an honestly held belief that the property claim was fraudulent.
Finding no anti-safety animus, the Board dismissed the complaint and declined to substitute a lesser penalty under section 50(7).