Advisory Circulars

Commercial & Business Aviation

OVERVIEW OF THE AMENDMENTS TO
PART II OF THE CANADA LABOUR CODE

Subject:  10. Right of Redress (section 147.1)

AMENDED CODE EXPLANATION/APPLICATION
147.1(1) An employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129 (right to refuse dangerous work), take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights. An employer who believes that an employee wilfully abused the rights associated to a refusal to work may take disciplinary action against that employee when the employer can demonstrate that the employee abused the rights.
(2) The employer must provide the employee with written reasons for any disciplinary action within fifteen working days after receiving a request from the employee to do so. The employee must be informed of the reasons for the disciplinary action within a reasonable time frame.
 
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