Ontario Labour Relations Board
1986-00-HS Naeem H. Qureshi, Applicant v. City of Toronto and Ministry of Labour, Responding Parties.
BEFORE: Russell Goodfellow, Vice-Chair.
DECISION OF THE BOARD; October 5, 2001
1This is an appeal by a worker from a decision by an inspector under section 43(8) of the Occupational Health and Safety Act (the “Act”) that the workplace was not “likely to endanger the worker”.
2The hearing convened on April 11, 2001, on which date the parties made opening statements and the appellant gave evidence-in-chief. The hearing then adjourned to September 27, 2001.
3At the commencement of the hearing on September 27, 2001, the responding parties made a motion for dismissal of the application on the basis of mootness. Subsequent to the first day of hearing, the responding party, City of Toronto, had effected a downsizing in its work force and transferred a number of employees, including the appellant, to new work locations. As a result, the appellant no longer works in the workplace that was the subject matter of the inspector’s decision and, accordingly, the responding parties submitted that the appeal had become moot.
4After hearing the parties’ submissions, I concluded that the issue between them had become academic and that there was no practical value in proceeding further with the appeal. While, as the appellant pointed out, other employees may continue to work in the same workplace and perform some or all of the same tasks that he had performed, the complaint and subsequent appeal were brought by the appellant and the appellant alone; nor was there any suggestion that the appellant was transferred for reasons related to this dispute. As a result, I dismissed the appeal without prejudice to the appellant’s right to recommence it in the event that he were to be later returned to the original workplace.
“Russell Goodfellow”
for the Board