An FMC study of 18 months of unpublished Ministry of Labour data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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Back in July 2012, we covered "PVYW v Comcare" (No 2),  FCA 395, which concerned an employee in the HR department of an Australian government agency who was injured on a work-related trip to a country town in New South Wales.
The employee, Ashworth, alleged that the manager demanded that she close the door and then positioned herself in front of the closed door and started screaming and pointing her finger in the employee’s face.
A discussion on the judicial decision in a recent case, where a BC employer has successfully defended a claim for constructive dismissal despite taking away supervisory duties and moving the employee from an office to a cubicle.