FPSLREB Decisions

The complainant made a reprisal complaint under s. 133 of the Canada Labour Code (R.S.C., 1985, c. L-2; “the Code”) against the respondent after he received a written reprimand for raising workplace safety issues with his management team in August and September 2024. The respondent raised two preliminary objections to dismiss the complaint. First, the complaint was untimely, and second, the complainant failed to present allegations demonstrating an arguable case that the respondent contravened s. 147 of the Code. After reviewing the parties’ written submissions, the Board found that the complaint was made within the 90-day deadline set out in the Code. The act that led to the complaint was the respondent’s written reprimand issued at the end of November 2024. The Board also found that the complainant made an arguable case because he met the three parts of the test set out in White v. Treasury Board (Correctional Service of Canada), 2022 FPSLREB 52. He met the first part because he exercised his rights under Part II of the Code by identifying unsafe working conditions, and he raised workplace safety issues with the respondent in August and September 2024, which the respondent did not contest. He met the second and third parts of the test since the respondent issued him a written reprimand because of the events that took place in August and September 2024, and he demonstrated in his complaint and submissions a direct link between the written reprimand being issued and him exercising his rights under the Part II of the Code.

Objections dismissed.
Complaint scheduled to be heard on the merits.