Process Amended for Discrimination Appeals

The province is amending the appeals process for discriminatory action complaints to improve efficiency.

"By eliminating a step in the process, we hope to decrease the amount of time it takes for an employee or employer to receive a decision on an appeal relating to discriminatory action," said Labour and Workforce Development Minister Marilyn More. "These appeals can be very complicated and sensitive in nature, and this new process will ensure a more timely response."

Under the Occupational Health and Safety Act, and employee can file a complaint of discriminatory action against their employer. Discriminatory action adversely affects an employee's terms and conditions of employment, or employment or promotion opportunities. This includes dismissal, layoff, suspension, demotion, job and location transfer, eliminating a job, reducing wages, and changing work hours.

When a discriminatory action complaint is filed, an occupational health and safety officer investigates rules whether it is valid. If that decision was appealed, under the old process, the director of occupational health and safety ruled. If the appellant was not satisfied with that decision, they could appeal to the occupational health and safety appeal panel. The amended process eliminates the director's role in appeal decisions, making the appeal panel the sole decision maker.

Since 2004, about 75 per cent of the director's discriminatory action decisions have been appealed.

Those who currently have an appeal in process will continue to have their appeal addressed under the old process.