M. G. Mitchoick

The complainant filed a reprisal complaint under section 24 of the Occupational Health and Safety Act after receiving a disciplinary notice.

The respondent employer raised preliminary objections, arguing the complaint lacked particularity, was filed after an unreasonable delay, and was barred because the complainant had initially elected to pursue a grievance to arbitration.

The Board dismissed the objections, finding the delay was not excessive given the union's internal changes and efforts to resolve the matter.

Furthermore, the Board held that the statutory election of arbitration requires an actual adjudicative settlement; since the union withdrew the grievance before arbitration, the complainant was not barred from pursuing the matter before the Board.