6/15/26, 2:43 PM Gmail - Section 48 Prohibited Action Complaint — Mark Holand — Claim #42647461

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Gi Y dail mark holand <marktholand@gmail.com>

Section 48 Prohibited Action Complaint — Mark Holand — Claim #42647461

2 messages
mark holand <marktholand@gmail.com> Thu, Apr 9, 2026 at 7:43 AM
To: prohibitedaction@worksafebc.com

To the Prohibited Action Team,

lam submitting the attached Form 57W1 and supporting evidence regarding a prohibited action taken by
BCRTC. This update includes my formal academic credentials to demonstrate that the adverse action taken
against me was not based on performance or ability.

1. Adverse Job Action: Removal from Training

On March 13, 2026, while | was on documented medical leave for a workplace injury, BCRTC issued a "Position
Status Update" (attached). This letter summarily removed me from the Control Operator training program and
demoted me to Guideway Serviceperson. This action was taken without prior warnings, performance reviews, or
due process.

2. Evidence of Technical Competence (NAIT Credentials)

Attached are my NAIT Transcripts and Diploma, showing a 3.73 GPA. This high level of academic success
proves that | have the technical and intellectual aptitude to complete the Control Operator program. The
employer’s claim of "missed training" as a justification for demotion is a pretext; the training was only missed
because the employer failed to mitigate the 328 Hz resonance hazard at OMC1 that caused my injury.

3. Retaliatory Timing

The demotion was issued the same week the City of Burnaby Building Division contacted BCRTC regarding the
unpermitted and non-compliant server installation | formally flagged. This demotion is a clear retaliatory measure
intended to remove a whistleblower from a specialized program.

4. Financial Impact and Wage Disparity

This demotion has caused a significant wage disparity of $6.90/hr. Under Article 7.07(c) of the Collective
Agreement, because my removal was not ascribable to performance, | am entitled to be red-circled at the
$53.00/hr (Step 1) rate that my training cohort is now earning.

5. Requested Remedy: OHS Retraining

Due to the acoustic trauma and the resulting PTSD associated with the OMC1 environment, a return to that
worksite is medically contraindicated. | am seeking vocational retraining in Occupational Health and Safety
(OHS). My 19 years of rail experience, combined with the technical aptitude shown in my NAIT transcripts,
makes this the only viable and safe path for my return to work.
List of Attachments:

1. Form 57W1

2. March 13 Demotion Letter

3. NAIT Transcripts (3.73 GPA) & Diploma

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