Reprisal complaint dismissed; employee's continued work refusal over secondhand smoke lacked bona fide safety motivation.
The complainant, an employee in the procurement office, refused to work citing health concerns related to secondhand smoke.
The employer investigated, accommodated the non-smoking employees by segregating them, and clarified its smoking policy.
The complainant continued to refuse to work, demanding an immediate total smoking ban, and was subsequently suspended for one day and then three days.
She filed a complaint alleging the suspensions and other employer actions were reprisals under the Occupational Health and Safety Act.
The Board dismissed the complaint, finding that the complainant's continued refusal was not motivated by bona fide health and safety concerns, but rather by anger over other workplace issues, and that the employer's disciplinary actions were justified and not in violation of the Act.
Bettes v. Boeing Canada/DeHavilland Division, 1990 CanLII 5628
