How do I complain to the OLRB if I was punished for complaining about safety?
1. Fill out your application to OLRB
This kind of application is sometimes called a “Section 50 complaint” because the rule against unlawful is section 50 of the Occupational Health and Safety Act (OHSA).
To make an unlawful reprisal complaint to the Ontario Labour Relations Board (OLRB), you must complete the following forms:
- Form A-53: Application Under Section 50 of the Act
- Form C-26: Notice to Employer and/or Affected Party of Application under Section 50 of the Act
Filling out Form A-53
In the Form A-53, you should describe in detail what happened and what you want the OLRB to do.
You must include:
- your full name, address, phone number, and email address
- your employer's full name, address, phone number, and email address
- a detailed description of what happened, including dates, locations, and the names of everyone involved
- what sections of the OHSA the employer hasn't followed
- a detailed description of what you want the OLRB to do
When you describe what happened, you should include:
- every event that you think is important
- when each event happened
- where each event happened
- who else was there
- any injuries, doctor's visits, or other experts you talked to
You don't have to use legal terms. If you use legal terms in the wrong way, it could cause problems later. It's best to explain what happened in your own words.
You have to tell the OLRB what you would like them to do. You could ask them to:
- change your employer's health and safety policy
- make your employer fix a health and safety problem
- cancel your suspension or other discipline
- make your employer rehire you
- make your employer pay you money because of lost wages or because you lost your job
You can also suggest something else that will solve your problem.
It's important to put all of the details into the Form A-53. If there's something that you didn't include in your application, you usually aren't allowed to talk about it at your OLRB hearing.
You can attach additional pages if you run out of room on the form.