Occupational Health and Safety Tribunal Canada

Decision Information

Correctional Service Canada (Westfall)

Collection Occupational Health and Safety Tribunal Canada
Date 2006-06-27
Neutral citation 2006 OHSTC 18
Other citations 06-018
File numbers 2005-60
Decision-makers Néron, Katia
Decision type Reasons for decision

Decision Content

Priority Post

 

 

 

 

 

June 27, 2006

File: Correctional Service Canada (Westfall)

Document No.: 2005-60

Ms. Julia Westfall

1561 Ormsbee Road

Battersea , Ontario

K0H 1H0

 

Subject: Decision letter 06-018, following a request to appeal

under section 146.1

 

Dear Ms. Westfall:

 

This decision letter is in response to your appeal filed on December 5, 2005 under section 146.1 of the Canada Labour Code.

 

According to the information that you provided regarding your health condition, unfortunately no investigation was conducted by a Health and Safety Officer. Therefore, taking into consideration that no direction was issued under section 145 of the Code and no decision was rendered under subsection 129(7) of the Code, I determine that I do not have jurisdiction under the Code to hear an appeal in this matter.

 

In this regard, I refer you to the Federal Court decision, dated June 1st, 2006 between Pamela Sachs, Canadian Union of Public Employees, Airline Division, Air Canada Component, Occupational Health and Safety Committee of Local 4004 (Toronto) and Air Canada, Douglas Malanka, Jacques Servant a copy of which I have included for your perusal. In this decision the Court ruled that the Appeals Officer has no jurisdiction to hear complaints made under subsection 127.1 of the Code (Internal Complaint Resolution Process).

 

Yours truly,

 

 

 

Katia Néron

Appeals Officer

 

c.c. C. Mattson

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.