Wenarchuk v CoMJ – OHS Appeal
The Appellant, a City of Moose Jaw employee and Occupational Health Committee representative, alleged that workplace investigations, discipline, training and staffing decisions, and the Employer’s response to her harassment complaints constituted reprisals for activities protected by Part III of The Saskatchewan Employment Act. Following a hearing de novo, the Adjudicator found that the Appellant had engaged in protected activities and that the Employer had taken the impugned employment actions. However, assuming the statutory presumption under section 3-36 was engaged, the Employer rebutted it by establishing that the actions were taken for good and sufficient operational, managerial, administrative or disciplinary reasons unrelated to the protected activities. The Employer did not contravene section 3-35, and the appeal was dismissed.