3043-99-HS W. McNaught, Applicant v. Toronto Transit Commission and Ministry of Labour, Responding Parties.
BEFORE: Laura Trachuk, Vice-Chair.
DECISION OF THE BOARD; April 28, 2000
This is one of many applications and appeals filed by this appellant with respect to health and safety matters with the responding party Toronto Transit Commission. In this case the appellant complains that the Inspector failed to issue an order with respect to a work refusal on December 14, 1999. Mr. McNaught had commenced a work refusal because he had been assigned a “safety counselling” shift. The responding party in its response asks that the appeal be dismissed without a hearing on the basis that the appeal does not make out a prima facie case.
The Board finds that it should exercise its discretion to dismiss this appeal without a hearing as it does not allege facts upon which it could find that the Inspector should have issued an order. Mr. McNaught was a member of the Joint Health and Safety Committee and being assigned health and safety counselling duties is no conceivable basis for staging a work refusal. He asserts that, as he did not have the written job description for these duties which he had requested, he might have been expected to inspect pot holes in the dark and moreover, that he was not trained for such activities. However, he does not plead that he was actually asked to do anything before he refused to work. According to the pleadings the TTC used looking at “pot holes”
(Mr. McNaught added “in the dark”) as one of a number of examples of the kinds of things one might do during a safety counselling shift. But that list of possible duties was only provided after the Inspector was called in. There was therefore no basis for a work refusal and this appeal is therefore dismissed.
“Laura Trachuk”
for the Board