The Ontario Labour Relations Board has dismissed a worker’s application claiming that he was fired as a reprisal for trying to enforce his rights under occupational health and safety legislation.
The worker was employed as a package delivery driver for a company called Dostava starting on Nov. 27, 2023. He understood that a man named Martin Tong was responsible for Dostava’s human resources and the owner was only referred to as “Richard.”
The worker drove a van delivering packages from 4:30 to 11:30 p.m., although no breaks were specified. A short time into his employment, the worker took a break to have a meal, and Richard told him that he wasn’t allowed to take a break until he had completed all of his assigned deliveries.
However, the worker felt that he had more packages than he could deliver during his shift, as he only completed all of them once. When he told this to Richard, the latter reiterated that he could eat after he finished all of his deliveries.
Reprisal allegation
About one month later, in December, the worker was driving in a storm and the van began “slipping everywhere,” narrowly missing being involved in an accident. He told Tong and Richard that it was unsafe to not have winter tires, but they both said that Richard didn’t believe that winter tires were worth the money.
The worker’s employment was terminated on March 5, 2024. According to Dostava, the worker had failed to show up for work multiple times and had delivered parcels to the wrong address...
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