Gilmore v. Canada ( Attorney General )
T-230-94
Richard J.
30/11/95
5 pp.
Application to set aside decision made by regional safety officer under Canada Labour Code, Part II-Applicant worked as yard master for CN Rail for 11 years-Refused to work on one occasion on grounds Code, Part II allowed him to do so in cases of concern for safety of other employees-Refusal to work subject of disciplinary action leading to suspension, demotion-Safety officer issuing direction ordering employer to terminate contravention-Employer requesting review of safety officer's direction-Regional safety officer concluding safety officer had no jurisdiction to make direction concerning disciplinary action taken by employer-Whether safety officer had jurisdiction under Code, Part II to issue direction to employer concerning disciplinary matter-Role of safety officer to determine whether, at time officer conducts investigation, condition existed in workplace constituting danger to employee-Parliament intending complaints under Part II to be dealt with exclusively by CLRB-Roles of Board, safety officer separate and distinct-Code not giving safety officer remedial power to deal with disciplinary measures taken by employer by reason of employee's exercise of rights under Part II-Code, s. 145(1) not providing employee with alternative recourse to safety officer in such cases-Regional safety officer justified in rescinding safety officer's decision on ground lacked jurisdiction under Code, Part II to direct employer to terminate disciplinary measures of suspension, demotion-Application dismissed-Canada Labour Code, R.S.C., 1985, c. L-2, Part II (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 4; S.C. 1993, c. 42).