Is an Ontario worker who makes a complaint of workplace harassment to his or her employer seeking the enforcement of the Ontario Occupational Health and Safety Act or acting in compliance with that Act?
Can an employer legally fire someone who makes such a complaint without that termination being deemed an at of "reprisal" by the Ontario Labour Relations Board? Until the Ontario Labour Relation Board’s decision in Ljuboja v Aim Group Inc, 2013 CanLII 76529 (ON LRB) on November 22, 2013, the answers from this author would have been no, the employee is not seeking the enforcement of the Act, and yes, the employer can legally terminate the employee without the Labour Board deeming the termination as an act of reprisal. However, things may have changed.