Saskatchewan Occupational Health and Safety Division v. Dunkle

QB decision affirming OH&S officer not barred from OH&S Act appeal rights

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OH&S Officer terminated for appealing an order of the OH&S Director rescinding Notices of Contravention she had issued to a Government Department (Correctional Center). OH&S Director claimed she had no right to appeal his decision as she was an employee, not a "person" as defined in the Act. Case was referred to an adjudicator who agreed with the Director the employee had no rights under the Act. When she persisted and refused to stop her legal challenge, she was terminated for insubordination. QB Chief Justice Laing overturned the adjudicator's decision and reinstated the OH&S Officer with all pay and benefits, ruling she was indeed a person and the employer, even though they were the government, and had the backing of the Attorney General and Department of Justice, could not restrict her from the benefits or rights conferred by the Act just because she worked for the Ministry that administered the Act. Long standing practice of -there-shall-be-no-OH&S-contraventions-issued-on government-worksites-or-else overturned by court.

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Published In: Labor & Employment Updates

Reference Info:n/a | Canada

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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