The Ministry of Labour and the employer were not required to
hand over certain documents requested by the union in a safety
dispute, the Ontario Labour Relations Board has decided.
The issue in dispute was whether the employer was required to
de-energize cables prior to entry into "Cable Chamber
428″. A Ministry of Labour inspector decided " no"
and the union appealed to the OLRB. A worker had engaged in a work
The union asked the OLRB to order the MOL and employer to
provide documents in numerous categories identified by the union,
including any injury or near-miss or accident report involving
energized cables from 1999 to present, and any reports of
"cable chamber explosions".
The OLRB decided that the documents requested were not arguably
relevant to the appeal in issue, which dealt only with Cable
Chamber 428. The union's request for documents was "overly
broad and lacks the precision needed to make any production order.
It is also a fishing expedition that could unnecessarily protract
this proceeding". Further, the employer had already produced
numerous documents including those it intended to rely upon at the
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Join our partners Karen Martin and Ryan Chalmers at the Pacific Business & Law Institute’s program, where they will be presenting a session titled "Procurement: Compliance with AIT, NWPTA, TILMA, NAFTA, TPP, CETA and the Statutes." This forum assembles leading government advisors to provide insights on key issues in local government today.
The arbitrator's decision covered a number of issues including whether the termination was appropriate and whether the City had breached the grievor's human rights. The following, however, will focus on the privacy issue raised.
In my December 15, 2016 article, Federal Government's Cannabis Report: What does it mean for employers?, I noted the Report's1 suggestion that there was a lack of research to reliably determine when individuals are impaired by cannabis.
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