Archived - Decision 06-018 Canada Labour Code Part II Occupational Health and Safety
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Priority Post
June 27, 2006
Document No.: 2005-60
Ms. Julia Westfall
1561 Ormsbee Road
Battersea, Ontario
K0H 1H0
Dear Ms. Westfall:
This decision letter is in response to your appeal filed on December 5, 2005 under section 146.1 of the Canada Labour Code.
According to the information that you provided regarding your health condition, unfortunately no investigation was conducted by a Health and Safety Officer. Therefore, taking into consideration that no direction was issued under section 145 of the Code and no decision was rendered under subsection 129(7) of the Code, I determine that I do not have jurisdiction under the Code to hear an appeal in this matter.
In this regard, I refer you to the Federal Court decision, dated June 1st, 2006 between Pamela Sachs, Canadian Union of Public Employees, Airline Division, Air Canada Component, Occupational Health and Safety Committee of Local 4004 (Toronto) and Air Canada, Douglas Malanka, Jacques Servant a copy of which I have included for your perusal. In this decision the Court ruled that the Appeals Officer has no jurisdiction to hear complaints made under subsection 127.1 of the Code (Internal Complaint Resolution Process).
Yours truly,
Katia Néron
Appeals Officer
c.c. C. Mattson