The responding party employer brought a preliminary motion to dismiss the applicant's complaint under the Occupational Health and Safety Act (OHSA) for want of a prima facie case.
The applicant alleged she was terminated as a reprisal for reporting sexual harassment by her supervisor, arguing that sexual harassment constitutes a workplace hazard under the OHSA.
The employer argued the OHSA only covers physical hazards and that the Human Rights Code is the proper forum.
The majority of the Board dismissed the motion, finding it was not plain and obvious that the complaint would fail, as the OHSA's definition of 'hazard' is broad and could arguably encompass sexual harassment.
A dissenting member would have granted the motion, finding the OHSA inapplicable to sexual harassment.
