The complainant alleged that his employment was terminated contrary to section 24(1) of the Occupational Health and Safety Act because he planned to circulate a petition requesting a lunchroom.
The respondent employer maintained that the complainant was discharged for overall poor performance, including chronic lateness and complaints from co-workers.
The Board found that the employer had no knowledge of the petition activity and that the termination was not motivated by any health and safety concerns.
The Board also declined to exercise its discretion under section 24(7) to modify the penalty, as there was no nexus between the employer's actions and the complainant's health and safety activity.
The complaint was dismissed, with one Board Member dissenting.
