Dieter Wehr

The applicant filed a reprisal complaint under section 50 of the Occupational Health and Safety Act after being terminated.

Concurrently, his union filed a grievance which was settled, resulting in his reinstatement and back pay, which he accepted.

The applicant sought to continue his OHSA complaint to obtain additional relief.

The Board dismissed the application, finding that by accepting the benefits of the grievance settlement, the applicant had elected to proceed under the collective agreement pursuant to section 50(2) of the OHSA.

The Board also exercised its discretion under section 96 of the Labour Relations Act to decline to inquire further, as doing so would undermine the grievance settlement process.

The appellant appealed an inspector's refusal to make an order regarding his removal by the union from the Joint Health and Safety Committee.

The union removed him after he refused to apologize for maligning the worker co-chair, as ordered by a union trial board.

The Board dismissed the appeal, finding no prima facie breach of the Occupational Health and Safety Act because the union is not a 'person' under s. 62(5)(a), the appellant was not exercising a power or duty under the Act when he circulated a memo criticizing the co-chairs, and internal union proceedings are not an 'action or other proceeding' under s. 65(1)(d).