Sara Dias v 2142472 Ontario Limited, 2016 CanLII 14182 (ON LRB) demonstrates the truism that showing up is half the battle.
In Dias, two employees complained under section 50 of the Occupational Health ands Safety Act, RSO 1990, c. O.1 (the “Act”), that the employer violated the Act, culminating in the termination of their employment. The employer failed to attend the hearing. Under the statute, there is a reverse onus on the employer. The employer being a “no-show” violated the Act.
The remedial powers of the ON LRB are significant, including, as sought by the complainants:
(a) An order that the responding parties compensate the applicants for lost wages from the date of their termination, until the point at which they secured alternate employment,
(b) Interest on the amount awarded in respect of lost wages;
(c) Loss of employment; and
(d) Mental Distress.
In Dias, the ON LRB awarded 30 weeks’ pay to one employee ($15,840.00), and 4 weeks’ the other ($2,448.00) plus pre-judgment interest. In addition the employer was ordered to pay 4 weeks’ pay on account of “loss of employment,” and $1,500 on account of “mental distress.”