Adrian Miedema

Adrian Miedema

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“Disgruntled and aggressive clients” posed safety threat under OHSA

An employee who was fired one day after complaining to the Ministry of Labour that she felt threatened by “disgruntled and aggressive clients” was entitled to damages for the retaliatory discharge, the Ontario Labour...more

7/9/2014 - Canada Damages Former Employee Hiring & Firing OHSA Retaliation

Arbitrator may order change to hours, location of doctor who sexually-harassed hospital nurse

Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse, and under what conditions, an Ontario arbitrator has decided....more

7/3/2014 - Arbitrators Canada Employer Liability Issues Harassment Hospitals Physicians Sexual Harassment

Safety committee members lose claim that employer retaliated against them

Disciplinary letters issued to three members of a safety “Policy Committee” were not retaliatory under the Canada Labour Code, the Canada Industrial Relations Board has decided. Air Canada issued letters to three...more

7/2/2014 - Adverse Employment Action Air Canada Airlines Canada Paid Leave Retaliation

Supreme Court denies chronic stress WCB claim after employee reacted to disciplinary letter

The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits for “chronic stress” which he said resulted from a disciplinary letter that followed years of conflict over another workplace...more

6/26/2014 - Canada SCC Workers' Compensation Defense

Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act. A young apprentice with the company was seriously...more

6/24/2014 - Canada Construction Accidents Construction Workers Contractor's License Contractors Subcontractors

$50,000 fine after trip-over-cord accident shows employers must listen to safety committee recommendations

A nurse’s trip over a cord has landed a hospital a $50,000 fine, where the joint health and safety committee had previously documented cord trips as a known hazard. The nurse was administering medication to a patient. ...more

6/19/2014 - Employer Liability Issues Workplace Injury

Threat, assault on supervisor were just cause for dismissal at isolated mine in NWT with “zero tolerance” violence policy

An employee at an isolated camp in the Northwest Territories who assaulted and threatened his supervisor was dismissed for just cause, an adjudicator has decided. The employee was an equipment operator at a mine site....more

6/12/2014 - Assault Hiring & Firing Mining Termination Workplace Violence Zero Tolerance Policies

Supervisor who solicited and procured drugs from employee was fired for cause

The B.C. Court of Appeal has upheld the for-cause termination of a supervisor who used text messages to solicit and obtain drugs from an employee under his supervision. Safety was one of the supervisor’s responsibilities in...more

6/10/2014 - Appeals Hiring & Firing Illegal Drugs Termination Workplace Safety

“Everyone just knew” was not a defence to OHSA charges: court

An employer’s assertion that “everyone just knew” the safety rules, was not a defence to charges under the Occupational Health and Safety Act, an Ontario court has held. The employer’s “casual, oral practice” – without a...more

5/29/2014 - Canada Employer Liability Issues Employment Policies OHSA Trucking Industry Workplace Hazards Workplace Safety

Government OHSA advisors must be licenced paralegals, court decides

Employees of Ontario’s Office of the Worker Advisor and Officer of the Employer Advisor who provide legal services relating to the Occupational Health and Safety Act must be licensed paralegals, an Ontario judge has decided....more

5/27/2014 - Canada Licensing Rules OHSA Paralegal Unions Workplace Safety

Disabled Employee Who Lied About Ability To Work Was Fired For Cause

An employee who lied to and misled her employer about her ability to perform her work as a reporter, was fired for just cause, and arbitrator has held. The employee severely injured her ankle while skydiving “on...more

5/22/2014 - Arbitration Canada Disability Hiring & Firing Termination

Ontario Announces New JHSC Certification Training Standards, Refresher Requirements

The Ontario Ministry of Labour has announced that new “JHSC Certification Training Standards” will come into effect in early 2015. In the meantime, the existing “Certification Standards for Joint Health and Safety...more

5/20/2014 - Canada Safety Training Training Workplace Safety

Adjudicator’s Award Was Shaming Of Union Officials For “Ongoing Campaign”, Harassment Of Member Which Breached Duty Of Fair...

A union member has won a legal battle against local union officials after they engaged in a “campaign” against him that attacked his credibility and resulted in him being subjected to a harassment complaint. ...more

5/15/2014 - Damages Duty of Fair Representation Harassment Union Membership Union Representatives

Bill Would Increase Fines, Prison Terms For Workers Compensation Offences In Manitoba

It’s not just courts that are increasing fines for safety offences. The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act....more

5/13/2014 - Canada Fines Prison Sentencing

Professional Engineer With “Significant Safety Background” Who Sent “Abhorrent E-Mails”, Loses Safety-Retaliation Case

A professional engineer who engaged in an “over the top, aggressive” argument with an established member of management, has lost his safety-retaliation case at the Ontario Labour Relations Board....more

5/9/2014 - Email Hiring & Firing Retaliation Workplace Hazards

Seat Belt Offence Not “Absolute Liability”, Appeal Court Decides

A driver’s failure to wear a seat belt, which is an offence under the Ontario Highway Traffic Act, is not an “absolute liability” offence. Rather, “due diligence” is an available defence, the Ontario Court of Appeal has...more

5/6/2014 - Canada Seatbelts

Worker, Caught By MOL Inspector, Given Significant Fine For Safety Violation

An Ontario construction worker has been fined $1,500.00 after jumping from a hoist tower to a nearby roof. Unfortunately for the worker, a Ministry of Labour inspector saw him do it. ...more

4/29/2014 - Canada Construction Workers Fines OHSA Safety Violations

Not Harassment To Remind Nurses Of Professional Obligations, Arbitrator Says

It was not “harassment” for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held....more

4/24/2014 - Canada Harassment Nurses OHSA

Ontario Proposes Increasing “Distracted Driving” Fines – And Adding Demerit Points

Ontario’s government has introduced a Bill that would result in harsher penalties for distracted driving. The proposed amendments to the Highway Traffic Act would...more

4/23/2014 - Canada Distracted Driving Fines

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....more

4/17/2014 - Canada OHSA Public Schools Safety Precautions Workplace Injury Workplace Violence

Corporate Director Fined Under OHSA In Safety Belt Case

A corporate director of a stucco company has been fined $3,000.00 under the Ontario Occupational Health and Safety Act for failing to ensure that workers used safety belts on elevated work platforms. ...more

4/15/2014 - Fines OHSA Workplace Safety

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

4/10/2014 - Employer Liability Issues OSHA Workplace Injury Wrongful Death

Filed Late, Appeal Of Inpector’s Order Dismissed

A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders. The OLRB confirmed that that it had no authority to hear late-filed appeals....more

4/8/2014 - Canada OLRB

Three Months Until July 1 Training Deadline: Update On Ontario’s New Safety Awareness Training Requirement

Ontario employers have less than three months left to ensure that their workers and supervisors get “basic occupational health and safety awareness training” before the July 1, 2014 deadline....more

4/4/2014 - Canada OHSA Safety Training

Federal Health And Safety Officer’s File Not Absolutely Privileged: Arbitrator

A federal Health and Safety Officer’s file was not absolutely privileged, and a labour arbitrator may order parts of it produced to parties in an arbitration, an arbitrator has decided....more

4/3/2014 - Arbitration Canada OHSA

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