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WSIB Fraud Requires A Wilful Act, Like Tax Evasion, Appeal Court Decides
The WSIB must prove that a worker intended to obtain WSIB benefits to which he or she was not entitled, when it charges a worker with "wilfully failing to inform the Board of a material change", the Ontario Court of Appeal has decided.
21 Nov 2018
Ninety-Day Administrative Driving Suspension For Impaired Driving Was Not Just Cause To Fire Assistant Fire Chief
An Assistant Fire Chief has won his wrongful dismissal suit after he was fired following a 90-day administrative driving prohibition for impaired driving while off-duty.
21 Sep 2018
Owner Of Electrical Contractor, Who Transferred Assets Due To Looming Charges, Held Personally Liable For Company's $430,000 Regulatory Fine
In what appears to be a novel decision in the regulatory context, a judge has held an owner of an electrical contracting firm personally liable for the company's regulatory fines after he transferred assets out of the company following a fatal incident.
10 Sep 2018
"Communications And Conduct" Of Employer's Lawyer Regarding Sexual Harassment Investigation Were Not Privileged, Could Be Referred To In Claim, Court Decides
Over the objections of a company's employment lawyer, an Ontario court has permitted an employee to refer
9 Sep 2018
Female Police Officers' Class Action Claiming Gender Harassment Dismissed Because Arbitrator, Not Courts, Had Jurisdiction
A group of female police officers has lost its bid to bring a class action in the courts for gender discrimination and harassment.
17 Aug 2018
Safety Manager Wins Wrongful Dismissal Suit: He Had Not Failed To Complete Assigned Tasks, Court Decides
An Alberta safety manager has won $28,000 in damages after he was fired by his employer.
13 Aug 2018
Court Declines To Quash "Bid Ban" Imposed By City On Paving Company For Safety And Other Reasons
A recent Ontario court decision illustrates the serious business implications that Occupational Health and Safety Act compliance issues or disputes can have on a company.
26 Jul 2018
OHSA Charges In Fatality Case Dismissed For Delay. Crown Did Not Have "Concrete Plan" To Move Case Along
An Ontario appeal judge has upheld the dismissal of Occupational Health and Safety Act charges against employees due to delay.
11 Jul 2018
"Distracted" By Cell Phones, Forklift Operators Were Guilty Of OHSA Offence
Two forklift operators at a bottling plant have been found guilty after they were served with tickets under the Occupational Health and Safety Act charge for using cell phones while sitting on their forklifts.
11 Jul 2018
MOL Inspector's Compliance Orders, Claiming That Employer's Harassment Investigation Was Not "Appropriate", Suspended On Appeal
The Ontario Labour Relations Board has suspended a Ministry of Labour inspector's compliance order relating to an employer's harassment investigation after the employer appealed the orders ...
22 May 2018
Harassment Arbitration Hearing Should Be Open To The Public, Including The Press, Arbitrator Rules
A police union's harassment grievance arbitration hearing should be open to the public, including the press, despite the sensitive issues that it raised, a labour arbitrator has ruled.
4 May 2018
Armoured Car Employee's Work Refusal Due To Christmas Crowds Was Not Justified
A federal adjudicator has decided that an armoured car worker was not justified in refusing to do a "run" at a mall because of the crowds during the Christmas shopping season
24 Apr 2018
Traffic Control Firm Violated Safety Rules, Could Not Avoid Responsibility By Blaming Employee
A company that provided traffic control services has lost an appeal of two compliance orders issued against it under occupational health and safety legislation.
18 Apr 2018
11 Apr 2018
Nurse's Critical Comments At Union Conference About Workplace Violence In Hospitals Were Not Just Cause For Dismissal
When her comments were published online by the local paper, the nurse intervened and had the comments taken down within three hours of being posted.
23 Mar 2018
Possession Of "Small Amount" Of Marijuana Was Just Cause To Fire Employee Who Had "Not Carefully Checked His Pockets" Before Screening To Board Flight For Offshore Platform
An appeal court has upheld the firing of a unionized millwright who was caught with a small amount of marijuana in his jeans pocket during screening prior to boarding a helicopter that would transport...
28 Feb 2018
Banned From Pool And Fitness Facility, Man Who Requested "Young, Hot Female Trainer" Was Not Discriminated Against Because Of Mental Disability
A man who requested that a municipal pool and fitness facility provide him with a "young, hot female trainer like" (name redacted), was not discriminated against because of a physical or mental disability when the facility banned him.
27 Feb 2018
MOL Consulting On Changes To Industrial Regulations – New Requirement Of Written Risk Assessment Proposed
The Ontario Ministry of Labour is consulting on proposed changes to the safety regulation that applies to most businesses in Ontario: the Industrial Establishments ...
21 Feb 2018
3 1/2 Year Jail Term Upheld On Appeal In Criminal Negligence Case Against Metron Project Manager
The Court of Appeal for Ontario has upheld the criminal negligence ("Bill C-45") conviction and 3 1/2 year jail term imposed on Vadim Kazenelson, the Project Manager for Metron Construction.
5 Feb 2018
"Absolute Privilege" Barred Former Employee's Complaint That Employer's Confidential-Information Lawsuit Against Him Was Retaliatory Under OHSA
The legal doctrine of "absolute privilege" prevented an employee from complaining that his former employer's lawsuit against him was in retaliation (reprisal) for the employee filing a previous safety-retaliation...
25 Jan 2018
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