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Security guard wrongfully dismissed for refusing unsafe night shift; reinstatement and compensation ordered.
The applicant, a security guard, refused to work her night shift at an old post office, citing fears for her safety due to isolation, cold, lack of water, and potential intruders.
The responding party employer dismissed her for refusing the assignment.
The Ontario Labour Relations Board found that the applicant had a bona fide belief that the workplace was likely to endanger her, satisfying the subjective test under section 43 of the Occupational Health and Safety Act.
The employer failed to properly investigate her concerns with her participation as required by the Act.
The Board concluded the dismissal was a reprisal in violation of section 50(1) and ordered reinstatement with compensation.
