Douglas Paul Martin v. J.L. Belisle Building Materials Ltd.
0583-01-OH Douglas Paul Martin, Applicant v. J.L. Belisle Building Materials Ltd., Responding Party.
BEFORE: Marilyn Silverman, Vice-Chair.
DECISION OF THE BOARD; July 11, 2001
This is an application filed under section 50 of the Occupational Health and Safety Act, R.S.O. 1990, c.O-1 as amended (the “Act”).
The responding employer requests that the Board dismiss this application on a prima facie basis without the necessity of a hearing on the basis that the applicant is essentially requesting that he be permitted to violate the Act rather than attempting to seek enforcement of it.
The applicant, Mr Douglas Martin, is a truck driver. Mr. Martin claims that his employer forced him to sign a document called the “Drivers Pledge” and then removed him from his driving responsibilities once it learned that he had written to the Ministry of Labour regarding concerns he had with the content of that document.
The applicant’s case in part is that he has been deprived of his work as a driver because he wrote a letter concerning his employment to the Ministry of Labour. That makes out a prima facie case which should be heard on the merits.
The matter is referred to the Registrar
“Marilyn Silverman”
for the Board