Lianne Brossard

The applicant, a correctional officer, was suspended after refusing to perform full duties in a young offender unit, citing medical restrictions from a recent injury.

The employer had withdrawn an offer of modified duties based on a Workers' Compensation Board finding that the applicant was fit for full duties, ignoring a mandatory medical examination report that outlined specific restrictions.

The Ontario Labour Relations Board found that the applicant was acting in compliance with and seeking enforcement of the Occupational Health and Safety Act when he asserted a health and safety risk and refused the assignment.

The Board concluded that the employer violated section 50(1) of the OHSA by suspending the applicant and ordered full compensation for lost wages and benefits.

The complainants, two single employees, alleged that their employer discriminated against them on the basis of marital status by providing a higher living allowance and company-paid travel home only to married employees relocating to a remote job site.

The Board of Inquiry found that while the policy was discriminatory, it did not contravene the Ontario Human Rights Code.

The differential treatment was justified as a reasonable and bona fide qualification because of the nature of the employment, as the employer needed to provide incentives to attract married personnel to the remote location and compensate for the disadvantage of family separation.

The complaints were dismissed.