I recently wrote about the cost of failing to report accidents
or occupational disease claims to the Ministry of Labour. The cost
of failing to comply with an inspector's orders can be even
Harbour Sports Grille in Toronto received a number of orders
from a Ministry of Labour inspector over a period of 6
months. The company failed to comply with 13 of those
orders. The orders dealt with a number of issues including
failing to set up a joint health and safety committee and failing
to have required policies and programs (such as harassment and
workplace violence) in place. The Ministry of Labour charged
the company under the Occupational Health and Safety Act with
failing to comply with those 13 orders.
The company fought the charges and lost. The presiding
justice of the peace imposed a fine of $110,000.00. One
suspects that it would have been cheaper to comply with the
The Ministry of Labour's press release can be read here.
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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.
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.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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