A recent Ontario Labour Relations Board decision illustrates the
importance of timely filing of appeals of Ministry of Labour
inspectors' orders. The OLRB confirmed that that it had
no authority to hear late-filed appeals.
A Ministry of Labour inspector wrote compliance orders against
the employer under the Occupational Health and Safety Act
on November 19, 2013. The employer filed its appeal with the
OLRB on December 31, 2013, which was more than 30 calendar days
The employer stated that this was the first time that it has
completed an appeal, and had mistakenly understood that faxing
appeal documents to the Ministry of Labour inspector was sufficient
to start the appeal.
The OLRB noted that the appeal must be filed with the OLRB, not
the Ministry of Labour, within 30 calendar days of the date of the
inspector's Order, and that the appeal form makes that quite
clear. The OLRB stated that "it is apparent that the
[employer] simply did not review the appeal form and Information
Bulletin No. 21″ carefully enough. However, the
Ministry of Labour and OLRB are different entities, and the OLRB
has no authority to extend the time for filing the appeal of the
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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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