Archived - Decision 05-001 Canada Labour Code Part II Occupational Health and Safety

This case was heard by appeals officer Richard Lafrance.

For the applicants

Alain Paradis – health and safety representative
Syndicat des communications, de l'énergie et du papier (CTM-FTQ-CTQ)
Alain Portelance – President
Syndicat des communications, de l'énergie et du papier (CTM-FTQ-CTQ)
Daniel Bissonnette
Employee

For the employer

Reno Vaillancourt – legal counsel for Bell Canada
Yves Darcy – assistant director, labour relations

Health and safety officer

Jessica Tran, Labour Program, Human Resources and Skills Development Canada, Montreal [No. QC8864]

[1] This case concerns an appeal filed on 7 November 2003 pursuant to subsection 129(7) of the Canada Labour Code (the Code), Part II, by Daniel Bissonnette, an employee of Bell Canada (employer).

[2] This appeal was filed following a decision of no danger rendered by health and safety officer Jessica Tran after her inquiry into the refusal to work by Daniel Bissonnette.

[3] At the first hearing on 22 September 2004, officer Tran presented her report and related the facts and circumstances as she perceived them at the time of her investigation.

[4] The reason for refusal to work was described in officer Tran's report as follows:

"The fact the employer is obliging me to come to work is harmful to my health because I am still in the process of being cured. The employer is also ignoring my attending physician's recommendations to the effect that I am not currently in a fit state to work because of my state of health."

[5] Daniel Bissonnette was then examined by his representative and described the situation that led him to exercise his right of refusal to work.

Due to a lack of time to complete Daniel Bissonnette's cross-examination, the rest of the hearing was postponed to a later date.

[6] On 17 December 2004, the date set for the continuation of the hearing, the parties met with each other before the start of the hearing and settled their differences.

[7] After this meeting, Alain Paradis, Daniel Bissonnette's representative confirmed in writing on 20 December 2004 that the employee was withdrawing his appeal.

[8] As the appeals officer in this case, I confirm, as a result of Mr. Bissonnette's decision not to pursue his appeal and after examining the file, that this case is closed.

Decision Summary