Searching Content indexed under Employment Litigation/ Tribunals by Adrian Miedema ordered by Published Date Descending.
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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
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
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
"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
Adjudicator Refuses To Anonymize Employee's Name In Medical Accommodation Case
Increasingly, in this "Internet age", employees are asking employment tribunals to anonymize their names, given that almost all decisions are now posted on the Internet.
22 Nov 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
WSIB Violated Human Rights Code In Dealings With Injured Worker Who Had Psychological Conditions, Human Rights Tribunal Decides
The Ontario Workplace Safety and Insurance Board failed to accommodate the needs of an injured worker with psychological conditions, the Human Rights Tribunal of Ontario has decided.
11 Sep 2017
Loader Operator Entitled To Remain In Job Despite Accidents: Insufficient Warnings And Training, Decides Arbitrator
A labour arbitrator has ordered an employer to return an employee to his loader operator position despite the employer's objection that the employee had caused accidents.
15 May 2017
"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
Lunchtime Car Accident A Matter For WSIB, Not Courts, WSIAT Rules
The Ontario Workplace Safety and Insurance Appeals Tribunal has ruled that an employee who was injured at lunchtime in a car accident was barred from suing the other driver in court.
4 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
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
Labour Board Dismisses Safety Complaint Filed 2.5 Years After The Fact
A worker who filed a safety-reprisal complaint 2.5 years after the events complained about has had his complaint dismissed for delay.
3 Jan 2017
Arbitrator Finds Employer Violated OHSA Workplace-Violence Obligations
The organization provided services to persons with mental health issues, including securing housing.
15 Dec 2016
Employee Who Forged 16 Sick Notes, Then Tried To Blame Her Manager, Was Fired For Cause
A Canada Revenue Agency employee who forged signatures on 16 sick notes was fired for cause, a federal adjudicator has decided.
8 Dec 2016
Regulation Still Required Compliance With Older ANSI Standard, Not Updated Version: Tribunal
Where the government had not updated a regulation to require compliance with a newer version of an ANSI standard, the law still required compliance with the old version, a federal tribunal has decided.
29 Nov 2016
Work-Refusing Employee Did Not Have Right To Delay Investigation For 2 Hours Until Her Preferred Union Representative Could Attend
A correctional officer did not have the right to delay her employer's investigation of her work refusal for two hours while her preferred union representative attended to "personal" matters.
18 Nov 2016
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