OHSA reprisal complaint dismissed; discharge was justified by employee's reckless hammer attack on coworker.
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.
William James Kerr v. W.C. Wood Co. Ltd., 1990 CanLII 5737
