Ontario worker overzealous in harassment complaint, work refusal

Accidental physical conduct by and brief encounter with supervisor not proof worker faced dangerous condition in the workplace
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 10/08/2019
credit: BalkansCat/iSTOCK


Work refusals are a tool available to workers under occupational health and safety legislation if faced with workplace hazards that pose a threat to their safety. However, they are intended to be a last resort after other methods to eliminate the risk have been exhausted.

An Ottawa transit worker’s unhappiness with how his employer handled his harassment complaint did not mean he was in danger in the workplace, the Canada Occupational Health and Safety Tribunal has ruled.