The complainant sought to compel an inspector appointed under the Occupational Health and Safety Act to testify regarding a report and statements made by supervisory personnel.
The Board ruled that the inspector was not a compellable witness pursuant to section 34(2) of the Act, as the hearing constituted a 'proceeding' and the evidence sought related to information obtained under the Act.
The Board also recorded the complainant's undertaking not to add the respondent company to a separate section 68 Labour Relations Act complaint.