Occupational Health and Safety Tribunal Canada

Decision Information

McNamara vs Customs & Revenue

Collection Occupational Health and Safety Tribunal Canada
Date 2006-06-28
Neutral citation 2006 OHSTC 19
Other citations 06-019
File numbers 2002-35
Decision-makers Néron, Katia
Decision type Reasons for decision

Decision Content

Priority Post

 

 

 

June 28, 2006

File: McNamara vs Customs & Revenue

Document No.:2002-35

 

Mr. Kevin McNamara

333 John Street

Sudbury , Ontario

P3E 1R2

 

Subject: Decision letter 06-019, following a request to appeal

under section 146.1

 

Dear Mr. McNamara:

 

This decision letter is in response to your appeal filed on October 25, 2002 under section 146.1 of the Canada Labour Code.

 

According to the information that you provided regarding Fire Commission visits, an investigation was conducted by a Health and Safety Officer. As a result, no direction was issued under section 145 of the Code and no decision was rendered under subsection 129(7) of the Code. Therefore, 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. A. Villeneuve

F. Smith

 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.