The Ontario Labour Relations Board has held that it has no
authority to order the Ontario Ministry of Labour to conduct an
investigation into an employee's safety-reprisal complaint, nor
could the OLRB base its decision on the results of any such
The employee, in his safety-reprisal application to the OLRB,
"Therefore, I am requesting the Ontario Labour Relations
Board to order a full investigation using any government authority
that is appropriate to carry out this investigation. I am asking
the Board to make it's [sic] decisions based on the outcome of
this investigation if the investigation is ordered."
The OLRB held that it had "no authority to do so in any
circumstances, and certainly not in a section 50 application.
The Board will deal with appeals from an inspector's decision
or failure to make a decision. In a section 50 application
the Board will adjudicate a claim that an employer has take action
against a worker for exercising a right under the Act. That
is a dispute between an employer and a worker and does not involve
the Occupational Health and Safety Branch at all."
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On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
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.
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