An FMC study of 18 months of unpublished Ministry of Labour data
has found that two‐thirds of corporations that fought
Occupational Health and Safety Act charges through a trial
were found guilty on at least one charge.
Only 6% of corporations fought their charges all the way through
to a trial. Of those, two‐thirds were found guilty of at
least one charge, and one‐third were found
not‐guilty of all charges. Thus, statistically, the odds
of success were reasonable, but not great for corporations that
went all the way to trial.
Individual defendants, such as supervisors and workers, tended
to do better when they went to trial. Only 8% of individual
defendants fought their charges through to a trial, and of those,
half won and half lost.
The complete study, which was released in May 2012, may be
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of where you choose to do business in Canada, our strong team of
professionals possess knowledge and expertise on regional, national
and cross-border matters. FMC's well-earned reputation for
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counsel to our clients is complemented by an ongoing commitment to
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
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