The employer brought a motion challenging the Public Service Grievance Board's jurisdiction to hear a grievance concerning the grievor's exposure to asbestos in the workplace.
The employer argued the claim was essentially for workplace injury and mental stress, falling under the exclusive jurisdiction of the Workplace Safety and Insurance Board (WSIB).
The Board found it had mixed jurisdiction: claims relating to personal injury and health consequences of asbestos exposure were deferred to the WSIB, while claims alleging the employer breached the Occupational Health and Safety Act by failing to warn or train the grievor remained within the Board's jurisdiction.
