The complainant alleged he was discharged contrary to section 24 of the Occupational Health and Safety Act for raising safety concerns and participating in a health and safety committee.
The employer maintained the discharge was solely because the complainant deliberately or recklessly struck a fellow employee's hand with a hammer, causing serious injury.
The Board found the employer's decision was not tainted by anti-safety animus and was based entirely on the complainant's violent conduct and prior disciplinary record.
The Board declined to substitute a lesser penalty and dismissed the complaint.
