He alleges there was black mould, fungi, rodents, and mushrooms on rotting boards
The Ontario Labour Relations Board has ruled that Cambridge Pallet Limited unlawfully terminated an employee after he raised health and safety concerns in the workplace.
Michael Pereira alleges the company fired him over concerns there were unsafe working conditions within the workplace.
Pereira claimed there was black mould, fungi, rodents, and mushrooms on rotting boards.
Cambridge Pallet Ltd. alleged that Pereira was involved in two violent confrontations at work in a nine-month period and he was fired accordingly after he served a two-day suspension in February.
During his suspension, Pereira texted operations manager Jorge Meneses saying that he thought his suspension was “ridiculous” and that it wasn’t warranted. Pereira complained that Meneses didn’t take the appropriate steps before suspending him. Pereira also complained in numerous other text messages of the unsafe working conditions and he told Meneses that if the safety concerns were not addressed, he would contact the Ministry of Labour,” wrote Robert Kitchen, vice-chair of the Ontario Labour Relations Board.
“Meneses did not respond to Pereira’s concerns and before returning to work, Pereira contacted the Ministry of Labour,” wrote Kitchen, “while Pereira texted Meneses complaining about his suspension, it is also noteworthy that Pereira did not sign the acknowledgment of receipt.”
Upon Pereira returning to work after his suspension, the company relieved Pereira of his duties as a general labourer. The company never outlined why Pereira was being terminated in the notice of termination just that “things were not working out and we are going to let him go.” Pereira was given his letter of termination and severance pay and was escorted to his locker and out of the building.
In the letter, the company outlines the notice of termination.
“This letter is to provide you with official notice that effective immediately your employment at Cambridge Pallet Ltd. has been terminated. A copy of your Record of Employment will be forwarded to the address you provided. All wages/severance owed will be paid/deposited as per usual payroll. Please be aware that your presence on Company property without prior approval will be considered trespassing.”
Cambridge Pallet Ltd. said in the ruling that Pereira was not terminated because he raised safety concerns in the workplace, but because of the history of violent incidents in the workplace in a nine-month period.
“Pereira did not appear to take his misconduct seriously and the termination of Pereira’s employment was necessary to keep the workplace safe.”
Pereira alleged that his employment was terminated against section 50 of the Occupational Health and Safety Act whereas Pereira exercised his right to report unsafe conditions under the Act.
The Ontario Labour Relations Board found that the man’s termination was “tainted” in part, by the man’s concerns expressed to Cambridge Pallet with respect to unsafe conditions in the plant and his threat to contact the Ministry of Labour if they were not addressed.
Kitchen wrote that at some point between Feb. 13 and Feb.19, Pereira’s two-day suspension became a termination of employment.
“Cambridge Pallet has failed to meet the onus of establishing that it did not breach the Act. When there is a close connection in time between the exercise of a health and safety right and the adverse consequence, there is a ‘heavy onus’ to prove that there is no connection between the two events.
Kitchen writes, “the Board directs the parties to attempt to agree on a remedy. If the parties are unable to agree by Feb. 12, 2021, either party may write the Registrar requesting a date be scheduled for a hearing on the issue of remedy.”
