Work Refusals: Fired Manager Gets Greenlight to Sue for OHS Discriminatory Action

A yard manager initiated a work refusal claiming that his farm plant co-workers weren’t social distancing or using face masks. The OHS investigator concluded that the plant was complying with OHS harmful substances rules. But the manager was still unsatisfied and noncommittal about returning to work. After talking to a lawyer and an employment standards officer, the employer sent a letter notifying the manager that it considered him to have abandoned his job. The reviewing officer rejected the manager’s OHS discriminatory action complaint as having “no chance of success,” but the Alberta Labour Relations Board disagreed with that conclusion, citing an alleged statement by the plant manager: “You called OHS and tried to shut us down. How can I have you back?” [Renn Mill Center Inc., Board File No. OHS2021-1, January 12, 2022].