We use cookies to give you the best online experience. By using our website you agree to our use of cookies in accordance with our cookie policy. Learn more here.Close Me
An FMC study of unpublished Ontario Ministry of Labour data has
shown that if an accident or incident resulted in charges under the
Occupational Health and Safety Act, there was an 82% probability
that at least one person or corporation would be convicted and
fined in relation to that incident.
Workplace accidents often result in charges against more than
one corporation or individual. Take, for example, an accident at a
construction site that results in charges against the general
contractor ("constructor"), subcontractors, supervisors,
and workers; the data shows an 82% chance that at least one of
those parties would be convicted and fined.
Only 14% of incidents that lead to charges – about 1
in 7 – resulted in all of the defendants avoiding
convictions and fines.
The complete study, which was released in May 2012, may be
accessed
here.
FMC is one of Canada's leading business and litigation law
firms with more than 500 lawyers in six full-service offices
located in the country's key business centres. We focus on
providing outstanding service and value to our clients, and we
strive to excel as a work
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
The Federal Court of Appeal recently weighed in to reconcile competing tests on the proper way to determine whether an individual is a contractor or truly an employee.
A discussion on a recent decision of the Federal Court of Appeal, which confirms that the central question is, whether the person is performing the services as his own business, on his own account.
Back in July 2012, we covered "PVYW v Comcare" (No 2), [2012] 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.
Some organizations subscribe to the close your eyes and think good thoughts school of drafting, when it comes to non-competition agreements in employment contracts.
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.
