Searching Content indexed under Discrimination, Disability & Sexual Harassment by Adrian Miedema ordered by Published Date Descending.
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"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
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
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
City Inspector Who Engaged In Two Separate Physical Attacks At Work Was Fired For Cause: "That Risk Must Be Removed From The Workplace"
A labour arbitrator has upheld the dismissal of a city inspector after he physically attacked two people – a coworker and a contractor to the city – in two separate incidents at work.
2 Nov 2017
Town Employees Did Not Have A Reasonable Basis To Fear Violence From Protester: "Violence Is Not The Mere Absence Of Civility", Appeal Court States
"The Town employees, both junior and senior, were alarmed, but they were alarmed too easily", the Ontario Court of Appeal has stated, in deciding that a protester outside of a town council...
21 Sep 2017
Attendance Management Program Was Not Discriminatory, Appeal Court Decides
A National Attendance Management Policy implemented by Correctional Services Canada was not discriminatory, even though it "counted" absences due to illness, a federal appeals court has decided.
15 Sep 2017
Ontario Employers Are Not, As A General Rule, Answerable Under The OHSA To Employees For Workplace Harassment By Fellow Employees Or Managers: Arbitrator
An arbitrator has stated that the Ontario Occupational Health and Safety Act does not make employers "answerable to their employees for harassment to which they have been subjected by fellow employees or managers".
12 Aug 2017
WSIB Benefits To Be Available In Ontario For "Chronic Or Traumatic Mental Stress" Starting In 2018
Ontario has amended the Workplace Safety and Insurance Act to make WSIB benefits available for "chronic or traumatic mental stress" arising from the workplace, starting January 1, 2018.
20 Jun 2017
Threats Of Violence, One Day After "Sensitivity Training", Get Worker Fired For Cause. He "May Have A Problem With Women In The Workplace, Especially Women Managers", Says Arbitrator
A worker who said, "If anything ever happened, like losing my job, I'd have no problem coming in here and shooting them"...
23 Mar 2017
Court Refuses Small-Town Mayor's OHSA-Based Request For Injunction Prohibiting Resident From Harassing Her
An Ontario judge has rebuffed a small-town mayor's attempt to use the Occupational Health and Safety Act‘s violence and harassment provisions to obtain a court order stopping a town resident from harassing her.
9 Feb 2017
Psychological Harassment Arbitration Adjourned Because Employee Awarded Worker's Compensation Benefits
An employee who received worker's compensation benefits for "psychological injury due to harassment" has had her union harassment grievance, against her employer and supervisor, adjourned.
6 Feb 2017
Work Refusal Due To Second-Hand Smoke Was Not Properly Investigated: Arbitrator
A correctional officer with sinusitis and sensitivity to second-hand smoke was entitled to have her work refusal investigated by prison management, an arbitrator has decided.
25 Jan 2017
Christmas Party Incident Of Sexual Harassment Leads To Dismissal, Then Reinstatement, Of Firefighter
A male firefighter who had been "drinking heavily" has won reinstatement to his job after being fired for sexually harassing a female coworker at the fire department's Christmas party.
20 Jan 2017
Persistent "Sexual Annoyance" Of Five Female Coworkers Gets Employee Fired For Cause, Despite Late Reporting Of Incidents
A shelter support worker's persistent pattern of sexual comments to five female coworkers justified his dismissal for cause, despite the coworkers' failure to promptly report the incidents, a labour arbitrator has decided.
16 Sep 2016
Post-Dismissal Doctor's Report Was Relevant: Disabled Employee Reinstated For Further Consideration Of Possible Accommodation, After Evidence That Medical Condition Improved
An employee whose medical condition had improved both before and after termination has been reinstated for further consideration of possible accommodations...
31 Aug 2016
Despite Employee's Concerns With Speed, Quality And Outcome Of Harassment Investigation, No Reprisal Under OHSA?
Even though an employer's harassment investigation was allegedly slow, inadequate and had a questionable outcome, the employee had not suffered a "reprisal"...
15 Aug 2016
Fired Employee's Facebook Post Calling Company "S—Hole" Showed Dismissal For Workplace Outbursts, Threat Was Indeed Appropriate
An employee who yelled and swore at a manager about a written test for a maintenance position, and a few days later took a gun out of a box in the company parking lot and "pumped it", was fired for cause...
19 Jul 2016
HRTO Sets Protocol For Employers To Use Their Own Occupational Health And Claims Management File To Defend Human Rights Complaint
The Human Rights Tribunal of Ontario has set out criteria that an employer must satisfy in order to use its own Occupational Health and Claims Management file to defend itself in a human rights complaint.
20 Jun 2016
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