Can I be disciplined for refusing to work?
Under the section 147.1 (1) of the CLC, "an employer may, after all the investigations and appeals have been exhausted by the employee who has exercised rights under sections 128 and 129, take disciplinary action against the employee who the employer can demonstrate has wilfully abused those rights." The employee must be provided with written reasons for the discipline from the employer within 15 days after receiving the employee's request, section 147.1(2) of the CLC.
Under normal circumstances you are protected under the section 147 of the CLC, "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."
R.S., 1985, c. L-2, s. 147; R.S., 1985, c. 9 (1st Supp.), s. 4; 2000, c. 20, s. 14.
Other useful links:
Canadian Labour Code Part 2 - Health and Safety
Treasury Board, Occupational Health and Safety-Policy and Publications
HRSDC-Labour Program, Health and Safety
CCOHS Canadian Centre for Occupational Health and Safety
Part 3 FPSLRA Occupational Health and Safety
Canada Occupational Health and Safety Regulations
Employee Assistance Services
Crisis and Counselling Resources
Prevention kit for work-related mental health problems