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1
Appeal Court Refuses To Reinstate Jail Sentence … This Time
In the thousands of OHSA prosecutions that have occurred in Ontario history, defendants have been jailed fewer than two dozen times.
Canada
8 Apr 2019
2
The More Things Change… Ford Government Rolls Back Bill 148
On November 21, 2018, Bill 47—the Making Ontario Open for Business Act, 2018—received royal assent. Bill 47 makes numerous amendments to the Ontario Employment Standards Act, 2000 (ESA),
Canada
27 Nov 2018
3
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.
Canada
10 Sep 2018
4
Alberta Court Of Appeal Clarifies What The Crown Must Prove In A General Duty Offence
The Alberta Court of Appeal recently provided clarity on what the Crown must prove in a prosecution under the general duty section in the Occupational Health and Safety Act (Alberta) ("OHSA") of failing to ensure the health and safety of a worker.
Canada
9 Sep 2018
5
"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
Canada
9 Sep 2018
6
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.
Canada
13 Aug 2018
7
Ontario Human Rights Tribunal Rules That It Is Discriminatory To Deny Group Benefits To Employees Aged 65 And Older
We have reported before on the case of Wayne Talos and the Grand Erie District School Board. Mr. Talos was a teacher who chose to continue working past the age of 65 ...
Canada
29 May 2018
8
"Sham" Investigation Results In $75,000 Aggravated Damages Award Against Employer
An employer that terminated an employee alleging just cause was ordered to pay damages for wrongful dismissal, including an award of aggravated damages of $75,000.
Canada
8 May 2018
9
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
Canada
24 Apr 2018
10
Employee's "Theory" That He Was Dismissed For Questioning His Employer's Safety Systems Was Just A Theory And Was Not Evidence
A judge in a recent wrongful dismissal action dismissed the plaintiff's allegation that he was dismissed after making suggestions about improvements to the employer's safety systems.
Canada
7 Mar 2018
11
SCC In Stewart V. Elk Valley, Upholds Employer's 'No Free Accident' Alcohol And Drug Policy
On June 15, 2017, the Supreme Court of Canada released a landmark decision in Stewart v Elk Valley Coal Corp. (2017 SCC 30), reinforcing the right of employers to take proactive risk mitigation ...
Canada
2 Mar 2018
12
"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...
Canada
25 Jan 2018
13
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.
Canada
22 Nov 2017
14
Tips For Hiring Employees Across The Globe
Here is some general guidance to keep in mind when growing your business across borders.
Canada
21 Nov 2017
15
A Truly Poisoned Work Environment – Arbitrator Upholds Discharge Of Employee Who Spiked Office Water Cooler With Bleach
In what can only be described as a victory for common sense, an arbitrator recently upheld the discharge of a 27 year employee who was found responsible for spiking the office water cooler with chlorine bleach.
Canada
31 Oct 2017
16
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.
Canada
15 Sep 2017
17
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.
Canada
11 Sep 2017
18
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.
Canada
15 May 2017
19
Bullied To Death? PEI WCB Awards Benefits To Widow After Finding A Link Between Workplace Bullying And Fatal Heart Attack
The Workers Compensation Board of Prince Edward Island recently awarded WCB benefits to the widow of a worker who died of a heart attack in November 2013.
Canada
25 Apr 2017
20
Court Allows the TTC to Implement Random Drug and Alcohol Testing
A failure to submit to a random test will be a violation of company policy, and employees who test positive will be considered unfit for duty.
Canada
19 Apr 2017
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