An employee of Ludlow Technical Products Canada filed a complaint with the OLRB under Section 50 of the OHSA. Section 50 reads as follows:
(1) No employer or person acting on behalf of an employer shall, (a) dismiss or threaten to dismiss a worker; (b) discipline or suspend or threaten to discipline or suspend a worker; (c) impose any penalty upon a worker; or (d) intimidate or coerce a worker, because the worker has acted in compliance with this Act or the regulations or an order made there under has sought the enforcement of this Act or the regulations or has given evidence in a proceeding in respect of the enforcement of this Act or the regulations or in an inquest under the Coroners Act.
The employee claimed that her employer failed to investigate her workplace harassment complaint and that it failed to comply with its posted harassment policy and the procedure outlined in the Employee handbook. Since filing her complaint, the employer has refused to file her claims for WSIB and STD.
NB: The Board member quoted heavily from the Investia case  which had analogous grounds and circumstances, except that the employee in that case had been terminated and was actually found to be the subject (and not the object) of harassment.