Gary Lochhead v. Toronto Housing Company Ltd.
File No.: 0659-00-OH Date: August 22, 2000
Before: Laura Trachuk, Vice-Chair
Decision of the Board
1This is an application under section 50 of the Occupational Health and Safety Act (the "Act") alleging that the responding party imposed a reprisal upon the applicant for staging a work refusal. In its response the responding party claims that the suspension imposed on the applicant at the time was justified for other reasons. It appears that a further suspension followed some months later which the responding party also claims was justified for other reasons. The responding party asks that the application be dismissed without a hearing on the basis that it does not include facts upon which the Board could find that the applicant violated the Act. However, in correspondence dated July 14, 2000 (attached) the applicant claims that he was terminated from his employment shortly after filing this complaint with the Board.
2Under the circumstances the Board does not consider it appropriate to dismiss this application without a hearing. The Board will allow that applicant's pleadings to be amended to include the facts included in his July 14 letter. The responding party is invited to file a further response to the new allegations if it wishes.
3This application will be referred to the Registrar.
"Laura Trachuk"
for the Board