Employer action against workers

Disciplinary Action

No employer can dismiss, suspend, lay-off or demote a worker, impose a financial or other penalty on a worker, or refuse to pay a worker remuneration for any time the worker would have worked but for the exercise of their rights under the Code, (s.147).

The section also protects workers from threats or actual disciplinary action for providing information to a health and safety officer or anyone working on related things (s.147(b)).

Workers who have followed the Code or sought the enforcement of the Code are entitled to the same protection (s.147(c)).

If a worker has been disciplined for exercising any of their rights under the Code, she he or her union can file a complaint through the courts or with the appropriate labour board.

An employer can, after the worker has exhausted all appeals, take disciplinary action against a worker who the employer can demonstrate has willfully abused their rights under the code. Section 147.1(1) of the Code lays out the employer's burden of proof.

Offences and Punishment

The maximum fine for offences resulting or likely to result in the death of, or serious illness or injury to a worker is $1,000,000. Some specific offences carry a two year jail term (s.148).

 

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February 1, 2010
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