The applicant, a contract employee, was terminated by the employer due to a poor attendance record.
She filed a complaint alleging that her termination was an unlawful reprisal for raising health and safety concerns regarding dust and dust mites in the workplace, contrary to section 50(1) of the Occupational Health and Safety Act.
The Board found that the termination was part of a province-wide review of contract staff and was based entirely on her absenteeism, with no anti-safety animus.
The Board also held that it lacked jurisdiction under section 50(7) of the OHSA to substitute a penalty, as that provision applies only to disciplinary discharges, whereas the applicant's termination for innocent absenteeism was non-disciplinary.
The application was dismissed.
