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Application for judicial review of OLRB decision dismissing OHSA reprisal complaint dismissed as reasonable.
The applicant sought judicial review of an Ontario Labour Relations Board decision dismissing his complaint that his former employer violated s. 50 of the Occupational Health and Safety Act by dismissing him in reprisal for raising harassment allegations.
The Board found the applicant was dismissed for insubordination and failure to follow employer rules, not for asserting rights under the Act.
The Divisional Court dismissed the application, finding the Board's decision was reasonable, based on clear and logical reasons, and supported by the evidence.
Statement of claim struck and action dismissed as frivolous, vexatious, and disclosing no reasonable cause of action.
The plaintiff, a former part-time housekeeper for OLG at the Rideau Carleton Raceway, commenced an action alleging workplace harassment, constructive discharge, and defamation.
The defendant Rideau Carleton Raceway brought a motion to strike the statement of claim.
The court granted the motion, finding that the pleadings disclosed no reasonable cause of action, lacked material facts, and were frivolous and vexatious.
The action against the moving party was dismissed without costs.