0921-99-OH Gerrit Pater, Applicant v. Fred Engelage and Charlie Reitsma Owners of D & R Custom Steel Fabrication, Responding Party.
BEFORE: Anthony Brown, Vice-Chair.
APPEARANCES: Gerrit Pater on behalf of himself; William LeMay, Fred Engelage and Charlie Reitsma for the responding party.
DECISION OF THE BOARD; May 10, 2000
This is an application under section 50 of the Occupational Health and Safety Act (“the Act”). The matter was heard on April 26, 2000. After hearing opening submissions from the parties as to what issues and facts were in dispute, and as to the remedy sought, the Board made an oral ruling. This decision reflects that ruling.
The Board has discretion under subsection 50(3) of the Act as to whether or not it will inquire into a complaint under section 50.
The applicant in this matter seeks, in effect, a declaration that the responding party improperly removed him as the managerial representative on the Joint Health and Safety Committee at D & R Custom Steel. The responding party states that the applicant was removed from the committee because he failed to fulfil his duties as a managerial representative. The applicant states that his removal was a reprisal because of his attempts to fulfil his duties on the committee, in particular with respect to an accident in which an employee was injured by falling steel when removing a skid from a forklift.
The applicant is no longer employed by the responding party. He therefore does not seek reinstatement to the Joint Heath and Safety Committee. He seeks a declaration from the Board, but no specific remedial order against the employer.
It appears to the Board that, even if there were a reprisal (which is doubtful) there is little purpose in hearing the matter when no meaningful remedy awaits at the end of the day.
For the above reasons, the Board exercises its discretion not to inquire further into the matter. The application is dismissed.
“Anthony Brown”
for the Board