Searching Content indexed under Unfair/ Wrongful Dismissal by Adrian Miedema ordered by Published Date Descending.
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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
"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
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
"Your Ugly Face": Employer's Condescending, Aggressive, Hostile And Profane Behaviour In One Meeting Resulted In Constructive Dismissal. Nurse Awarded 24 Months In Damages
The Ontario Court of Appeal has upheld a 24-month damage award to a long-service nurse in a doctor's office who believed that she had been fired during a hostile meeting with her employer.
13 Apr 2017
Industrial Safety Specialist Properly Fired For Lying On Security Application
An Ontario judge has decided that Atomic Energy of Canada Limited had just cause to dismiss an industrial safety specialist who misrepresented his employment history in a security application.
23 Feb 2017
"Competent Supervisor" Obligation Relates To Competence In Safety, Not In Performance Management: OLRB Dismisses OHSA Retaliation Complaint
A laid-off worker's safety-retaliation complaint under the Occupational Health and Safety Act has been dismissed because it was really a complaint about management's assessment of his performance...
22 Sep 2016
Employer Loses Wrongful Dismissal Case After Court Finds Safety Rules Unclear
The employee worked at a solid waste facility in the Yukon.
19 Aug 2016
Bartender, Fired For Smoking Marijuana At Work, Loses Human Rights Complaint
A B.C. bartender has lost his human rights complaint after he was dismissed for smoking marijuana on shift.
11 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
Work Refusal Was Motivated By Employee's Dislike Of Work Assignment, Not By Safety: When Full Disciplinary Record Considered, Employee Was Fired For Cause
An arbitrator has upheld the dismissal of an employee who tried to use the Occupational Health and Safety Act's work refusal provisions to avoid undesired work assignments.
30 Mar 2016
Firing After Employee's "Generalized Threat To Get Legal Advice" Was Not Retaliatory
An employee who was fired approximately one month after he told his employer that he "might get legal help" was not the victim of a reprisal, the Ontario Labour Relations Board has decided.
16 Feb 2016
"I Guess I'd Have To Kill You" Remark Could Not Reasonably Have Been Interpreted As A "Viable Threat": Fired Worker Entitled To ESA Termination Pay
A worker's comment that "I guess I'd have to kill you" was clearly inappropriate but did not constitute wilful misconduct under the Ontario Employment Standards Act...
15 Dec 2015
Judge Chides Employer That Countersued Against Employee For Making Allegedly "False" Safety Complaint To Ministry Of Labour
Courts should discourage employers from suing employees for making safety complaints to the Ministry of Labour, an Ontario Small Claims Court deputy judge has stated.
10 Dec 2015
Employer Ordered To Reinstate Labourer Fired Day After Complaining About Knee Pain, Safety Issue
An employee has won a reinstatement order under the Occupational Health and Safety Act after the Ontario Labour Relations Board held that he was fired for raising safety issues.
17 Nov 2015
OLRB Orders Employer To Reinstate Apartment Building Superintendent Allegedly Fired For Reporting Workplace Violence
Importantly, the employer did not file a Response to the employee's OLRB Application, meaning that the OLRB's decision was of a "default nature".
17 Sep 2015
Snowplow Driver Dismissed Due To Two Accidents, Not Workplace Violence "Head-Butting" Complaint
A snowplow driver's bad driving record, not his workplace violence complaint, was the reason for his dismissal, the Ontario Labour Relations Board has decided.
4 Sep 2015
36-Year Employee Properly Dismissed For "Unprovoked Momentary Outburst" With Knife
A 57 year old employee with 36 years of service was properly fired for one incident in which he cut another employee with a knife, a labour arbitrator has decided.
22 Apr 2015
Aggravated Damages Awarded Under OHSA For Retaliatory Firing
An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee in retaliation for raising safety issues.
1 Apr 2015
False Assault Allegation Against Supervisor Was Just Cause For Dismissal: Video Evidence Was Conclusive
An employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow from his shoulder, was dismissed for cause, an arbitrator has held.
6 Feb 2015
"Not The Right Fit"? Fired Hours After MOL Inspector’s Visit, Employee Awarded $19,000 In Damages
Employers who have bona fide reasons for dismissing an employee should avoid using "not the right fit". They should also show up at Ontario Labour Relations Board hearings.
4 Feb 2015
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