Open letter to the Minister of Public Services and Procurement

Mississauga Mar. 18 2016

The Honourable Judy M. Foote
Minister of Public Services and Procurement
11 Laurier Street
Phase 111, Place du Portage
Gatineau, QC
K1A 0S5

 

Ms. Foote,

More than a month has passed since my last communication. I am shocked that I am forced to write to you for the fifth time and that I have not yet received a meaningful response to the very serious reprisal issue that I originally addressed with you and your office. I have been forced out of work for more than 3 years and one would think that due to the seriousness of the situation my case would have been addressed already.

Our Prime minister Justin Trudeau recently posted the following statement;

 “Canadians – and the Canadian Armed Forces – will not be intimidated by terror & hate.”

The message is very clear. My following question should be as well; Can I as a Canadian citizen count on the same level of support from you and your office?  I am a victim of Canada Post new “terror and hate” approach towards its skilled workers. As you are aware there are other cases of the same or similar nature in Canada Post Mississauga main sorting plant. Canada Post is continuously using intimidation tactics to avoid addressing the outstanding reprisal case and other issues.

Canada Post Corporation has a responsibility under the Canada Labour Code to protect health and safety of every person employed. Canada Post chose to not only steer away from those responsibilities but decided to break several rules of the Canada Labour Code instead. Canada Post is in violation of points 124, 125 and 147 of the Canada Labour Code.

  1. Every employer shall ensure that the health and safety at work of every person employed by the employer is protected.
  2. (1) Without restricting the generality of section 124, every employer shall, in respect of every work place controlled by the employer and, in respect of every work activity carried out by an employee in a work place that is not controlled by the employer, to the extent that the employer controls the activity,

(c) investigate, record and report in the manner and to the authorities as prescribed all accidents, occupational diseases and other hazardous occurrences known to the employer;

(t) ensure that the machinery, equipment and tools used by the employees in the course of their employment meet prescribed health, safety and ergonomic standards and are safe under all conditions of their intended use;

(z.02) respond as soon as possible to reports made by employees under paragraph 126(1)(g);

  1. No employer shall dismiss, suspend, lay off or demote an employee, impose a financial or other penalty on an employee, or refuse to pay an employee remuneration in respect of any period that the employee would, but for the exercise of the employee’s rights under this Part, have worked, or take any disciplinary action against or threaten to take any such action against an employee because the employee

(a) has testified or is about to testify in a proceeding taken or an inquiry held under this Part;

(b) has provided information to a person engaged in the performance of duties under this Part regarding the conditions of work affecting the health or safety of the employee or of any other employee of the employer; or

(c) has acted in accordance with this Part or has sought the enforcement of any of the provisions of this Part.

Canada Post also argued on more than one occasion that it  is a federal undertaking therefore provincial laws do not apply. Yet on Canada Post web site one can clearly see the opposite.

Canada Post is committed to the highest standards of business conduct. Employees are expected to comply with Canada Post’s Code of Conduct the policies and practices it represents.

The Canada Post whistleblowing policy is aligned with the Public Servants Disclosure Protection Act (PSDPA) which defines wrongdoing as:

Violating any federal or provincial law or regulations;

Since Canada Post proudly and voluntarily announces this compliance than the only thing left to do is to hold the corporation accountable.

Ontario’s Occupational Health and Safety Act (OHSA) prohibits employers from penalizing workers in reprisal for obeying the law or exercising their rights.

Under Section 50 of the OHSA, an employer cannot;

  • dismiss (or threaten to dismiss) a worker
  • discipline or suspend a worker (or threaten to do so)
  • impose (or threaten to impose) any penalty upon a worker, or
  • intimidate or coerce a worker…

… because a worker has

  • followed theOHSA and regulations
  • exercised rights under theOHSA, including the right to refuse unsafe work
  • asked the employer to follow theOHSA and regulations.

 

I filed a complaint with the Ontario Labour Relations Board (OLRB) at the end of 2013. Shortly after I received a phone call from Canada Post official informing me that I have filed my complain with the wrong Board. My application was later dismissed by the Board on the base of wrong jurisdiction. How contradicting these statements are. Did Canada Post take the misleading approach here as well?

Ms. Foote, you already know that Canada Post has violated;

  1. Canada Labour Code.
  2. Canada Post Code of Conduct and whistleblowing policy.
  3. Ontario’sOccupational Health and Safety Act.

Now, is it safe to say that;

  1. Canada Post deliberately used deception techniques to secure unfair or unlawful gain?
  2. Enough time has passed since Nov 2012 to bring the wrong doers to justice?

Ms. Foote, as mentioned in my previous communication to this day Canada Post has chosen to do nothing to resolve the outstanding issues.

Therefore Canada Post can no longer be trusted to deliver impartial investigation on the subject of reprisal for filing the safety hazard report as well as other outstanding issues.

Ms. Foote, today (for the second time) I am making an official request for you as the Minister of Public Services and Procurement to investigate Canada Post wrong doing.

 

Best Regards

Marek Habel

www.cpcintegrity.ca

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