PART II — Occupational Health and Safety

Disciplinary Action

147General prohibition re employer history

No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee

(a)

has testified or is about to testify in a proceeding taken or an inquiry held under this Part;

(b)

has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the health or safety of the employee or of any other employee of the employer; or

(c)

has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part.

R.S., 1985, c. L-2, s. 147; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14

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147.1Abuse of rights history

(1)

An employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights.

Written reasons

(2)

The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so.

2000, c. 20, s. 14

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