Acts and Regulations

O-0.2 - Occupational Health and Safety Act

Full text
Reassignment
22(1)Subject to subsection (2), where an employee has refused to do an act pursuant to section 19 and the employee’s right to refuse is protected under section 21, the employer or supervisor may reassign the employee temporarily to perform other acts or to other work that is reasonably equivalent to the acts or work the employee normally performs and the employer shall pay that employee the same wages and grant the employee the same benefits that they would have received if they had not refused to do the act.
22(2)Where a collective agreement is in force, any reassignment referred to in subsection (1) shall be made in accordance with the collective agreement.
2019, c.38, s.12; 2022, c.32, s.18
Reassignment
22(1)Subject to subsection (2), where an employee has refused to do an act pursuant to section 19 and his right to refuse is protected under section 21, his employer or supervisor may reassign him temporarily to perform other acts or to other work that is reasonably equivalent to the acts or work he normally performs and the employer shall pay that employee the same wages and grant him the same benefits as he would have received if he had not refused to do the act.
22(2)Where a collective agreement is in force, any reassignment referred to in subsection (1) shall be made in accordance with the collective agreement.
2019, c.38, s.12
Protection of employee’s right
22(1)Subject to subsection (2), where an employee has refused to do an act pursuant to section 19 and his right to refuse is protected under section 21, his employer may reassign him temporarily to perform other acts or to other work that is reasonably equivalent to the acts or work he normally performs and the employer shall pay that employee the same wages and grant him the same benefits as he would have received if he had not refused to do the act.
22(2)Where a collective agreement is in force, any reassignment referred to in subsection (1) shall be made in accordance with the collective agreement.