The applicant filed a complaint under section 174 of the Environmental Protection Act, alleging that the respondent employer failed to recall him from layoff as a reprisal for providing a statement to the Ministry of the Environment.
The employer argued that the applicant had been permanently laid off due to performance issues before they became aware of his involvement with the Ministry.
The Board found that the applicant's employment relationship had been severed at the time of his layoff, meaning he was not an 'employee' when the alleged reprisal occurred.
Although the Board found the employer's subsequent remarks to the applicant inappropriate and indicative of a reprisal, the application was dismissed because the statutory protection only applies to current employees.
