Archived - Decision: 01-028 SUMMARY OF APPEALS OFFICER'S DECISION

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Decision No.: 01-028

Applicant: Marlene Martin

Represented by Todd Woytiuk

Public Service Alliance of Canada

Employer: Indian and Northern Affairs Canada

I.L. Thomas Odadrinhonyanita Elementary School

Represented by Kathryn Hill

Senior Project Officer

Health and Safety Officer: Paul Curle

Before: Michèle Beauchamp

Appeals officer

Key Words: Refusal to work, roof structure, water testing, mould

Provisions:

Code:129(7)

Summary:

Marlene Martin, a teacher at the I.L. Thomas Odadrinhonyanita Elementary School, refused to work in the school, alleging mould contamination of the building, a defective roof structure and unsafe potable water provided in the school corridors. Health and safety officer Paul Curle investigated the refusal to work on the same day, and decided that there was no-danger for Marlene Martin to work there.

At the hearing held on October 31, the employee and her union representative informed the appeals officer that the employee was withdrawing her appeal. The case is closed.

CANADA LABOUR CODE PART II OCCUPATIONAL HEALTH SAFETY

Marlene Martin

applicant

and

Indian and Northern Affairs Canada

employer

and

Paul Curle

health and safety officer

____________________________

Decision No. 01-028

December 12, 2001

This case was heard by Michèle Beauchamp, appeals officer, in Brantford, Ontario, on October 31, 2001

Appearances

For the applicant:

Todd Woytiuk, Regional Representative, Public Service Alliance of Canada

For the employer:

Kathryn Hill, Senior Project Officer

[1]This case concerns an appeal by Marlene Martin, a teacher at the I.L. Thomas Odadrinhonyanita Elementary School, made on March 7, 2001 under subsection 129(7) of the Canada Labour Code, Part II, following a decision of no-danger issued by health and safety officer Paul Curle on February 28, 2001.

[2]Marlene Martin refused to work on February 19, 2001, alleging mould contamination of the elementary school, a defective roof structure and unsafe potable water provided in the school corridors.

[3]Health and safety officer Paul Curle investigated the refusal to work with health and safety officer Paul Danton on the same day, and decided that there was no-danger for Marlene Martin to work in the school.

[4]A hearing was held in Brantford on October 31 with the parties, during which the employee and her union representative informed the appeals officer that the employee was withdrawing her appeal. Written confirmation was sent to the appeals officer on November 1^st, 2001.

[5]As the appeals officer responsible for this case, I confirm that Marlene Martin withdrew her appeal of the decision of no-danger issued following her refusal to work .

_______________________

Michèle Beauchamp

Appeals Officer