The applicant filed a complaint under the Occupational Health and Safety Act alleging reprisals for raising health and safety concerns, which included allegations of a racially poisoned work environment and physical hazards.
The responding party brought a preliminary motion requesting the Board defer to the Ontario Human Rights Commission.
The Board found that the essence of the complaint was racial discrimination and harassment, which falls squarely within the specialized jurisdiction of the Commission under the Human Rights Code.
The Board exercised its discretion under section 50(3) of the OHSA to decline to inquire into the matter and dismissed the application.
