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160-2-93 (2004 PSSRB 173)
Dion v. Treasury Board (Department of Fisheries and Oceans)
Before: S. Matteau
Appearances: Dion, for the complainant; M. Sullivan, for the employer
Decision rendered: December 15, 2004
Complaint based on section 133 of the Canada Labour Code (Code), alleging a contravention of section 147 - Occupational injury - premature termination of a determinate position - the complainant was employed for a determinate period - during his term, he suffered an occupational injury - the employer terminated the complainant's work contract before it expired - the complainant filed a complaint under section 133 of the Code, alleging that the employer had imposed disciplinary measures on him for reporting his occupational injury in accordance with paragraph 126(1)(b) - the employer withdrew its decision to terminate the complainant's contract - subsequently, it also offered him another term of employment that was, however, not renewed - the Board held that the employer's decision to withdraw the complainant's premature termination had corrected the complainant's situation - the Board also found that the employer's decision not to renew the term of employment subsequently given to the complainant was not the subject of the complaint that had been filed before it.