Ross MacKinnon v. Scandura (CANADA), INC.
File No.: 2012-99-OH Date: January 18, 2000
Before: Anthony Brown, Vice-Chair.
Decision of the Board
1This purports to be an application pursuant to section 50 of the Occupational Health and Safety Act (“the Act”).
2Section 50 protects a worker from reprisal by an employer because the worker has acted in compliance with the Act or regulations, has sought the enforcement of the Act or regulations, or has given evidence in a proceeding under the Act or regulations or in an inquest under the Coroners Act.
3The application contains no information whatsoever about how section 50 of the Act is alleged to apply to the applicant. None of his allegations against the responding party appear to be connected to the Act. He alleges that the responding party has failed to accommodate his disability in the workplace. The responding party confirms that it has had dealings with the applicant in an effort to accommodate a disability which arose as a result of a workplace injury in November, 1994. The responding party submits that the applicant has not pleaded facts upon which the Board could find that there has been a violation of the Act, and asks that the application be dismissed without a hearing.
4By decision dated January 4, 2000, the Board directed the applicant to file submissions, by January 14, 2000, in response to the responding party’s request that the application be dismissed without a hearing.
5On January 13, 2000, the Board received a letter from the applicant. The applicant continues to allege that the responding party has failed to accommodate his disability. He alleges that overtime work was given to a worker with less seniority. He alleges that he should be re-instated to his “B” classification, which determines his rate of pay. However, there are no facts pleaded that show a connection between these allegations and any possible violation of the Act, by reprisal or otherwise. (The applicant states that he contacted the Human Rights Commission on or about October 9, 1999 and it is possible that he has confused the present application with an application to that Commission.)
6The application is dismissed.
“Anthony Brown”
for the Board