Employer violated the Occupational Health and Safety Act by discharging an employee for refusing unsafe work.
The complainant, a jeweller, refused to perform electro-plating work using a cyanide solution in an improvised setup in a washroom, fearing exposure to toxic hydrogen cyanide gas.
After experiencing symptoms and seeking medical attention, she refused to continue the work the next day.
The employer gave her an ultimatum to do the work or leave, which the Board found constituted a constructive discharge.
The Board held that the complainant had reasonable grounds to believe the work was unsafe and that her discharge for exercising her right to refuse unsafe work violated section 24 of the Occupational Health and Safety Act.
The employer was ordered to pay compensation for lost wages and benefits.
Laurie Meaden v. Tal Swartz (AMS Diamonds), 1981 CanLII 814
