The Ontario Labour Relations Board has held that where an employer had complied with a Ministry of Labour inspector’s compliance orders under the Occupational Health and Safety Act, to the satisfaction of the MOL, the...more
Ontario’s Divisional Court has decided that the Workplace Safety and Insurance Act’s age cut-off for loss of earnings benefits for older workers did not violate the Canadian Charter of Rights and Freedoms....more
Although an employer may appeal a Ministry of Labour inspector’s rescission (withdrawal) of a compliance order that he or she wrote to an employer under the Occupational Health and Safety Act, the Ontario Labour Relations...more
The debate continues as to whether the Ontario Labour Relations Board has jurisdiction to hear harassment-reprisal complaints under the Occupational Health and Safety Act, but another Vice-Chair of the OLRB has said “yes”....more
Rarely are senior corporate officials jailed for health and safety offences in Canada. But recently, two company directors of an importer and retailer of furniture and accessories, were jailed for 25 days after a worker died...more
An employee’s persistent mockery and intimidating conduct towards a supervisor warranted a 6-month suspension, an arbitrator has held.
The employee’s conduct included the following...more
The total of safety fines paid for the December 24, 2009 swing stage collapse fatalities is now $1,240,000 after Swing N Scaff Inc., the company that supplied the swing stage platform (a suspended work platform), was fined...more
The Canada Industrial Relations Board has dismissed a safety-reprisal complaint where the employee, representing himself, missed deadlines and failed to respond to CIRB correspondence.
The employee filed a complaint...more
An employer is facing a resurrected Ontario Labour Relations Board safety-reprisal hearing after the case was dismissed when the employee failed to attend the hearing.
The OLRB dismissed the complaint as abandoned...more
Employers are increasingly taking a “zero tolerance” approach in which a minimum level of discipline – whether a suspension or dismissal – is imposed for certain serious safety violations. In a recent case, an arbitrator...more
An Ontario employee has been convicted of criminal mischief after sending a fake e-mail to fellow employees, degrading another co-worker.
The employee, apparently upset that the co-worker rejected his request that they...more
The Ontario Ministry of Labour is proposing amendments to safety laws as part of a broader national and international initiative to implement the “Globally Harmonized System of Classification and Labeling of Chemicals”, known...more
The Ontario Ministry of Labour is proposing that all Ontario workers be protected from excess noise in the workplace.
Currently, the regulations for Industrial Establishments, Mines and Mining Plants and Oil and...more
Federal employers have a new definition of “danger” to apply, and an updated work refusal process to use, effective October 31, 2014.
The federal government amended the definition of “danger” to, according to a...more
An Illinois business owner has been taken into custody after his business failed to correct serious trenching hazards and pay Occupational Safety and Health Administration penalties. The case illustrates the personal risk to...more
The Ontario Ministry of Labour will conduct a safety blitz of industrial workplaces from November 3rd to December 14th, 2014.
Although the MOL’s bulletin regarding this blitz does not say it, employers should ensure...more
A British Columbia judge has considered an employer’s concerns for the safety of replacement workers, in granting an injunction against picketing workers.
The employer and Unifor were in a labour dispute. Unifor was...more
An arbitrator has upheld the dismissal of a unionized employee for one incident of sexual harassment and threats on Facebook.
After an incident at work in which the grievor was displeased with “X”, a female co-worker,...more
The United States Occupational Safety and Health Administration (OSHA) has launched an Ebola Web Page for employers providing information on Ebola and how to protect workers.
OSHA states that workers, including...more
One would think it self-evident that employees who punch a customer’s employee in the face may be dismissed for just cause. But it took an appeal for an employer to win on that issue.
The employee was a truck driver...more
A worker who contacted a Ministry of Labour inspector with safety concerns but didn’t get the answer he wanted, and then spread rumours that the MOL inspector had been “paid off” by the company, was dismissed for cause, an...more
Alberta employers should heed a recent appeal decision in which an employer was held liable for damage caused by an employee while driving a company vehicle – even though he was told not to drive it....more
An employee’s demand for a bonus and assertion that his employment relationship would not be “fruitful” and that his employer could fire him, was the reason for his dismissal, a court has decided. The dismissal was not...more
The employer of the injured worker, not the owner of the workplace, was required to report the worker’s injury, the B.C. Court of Appeal has held, in a decision that clarifies employers’ accident reporting...more
Physically demonstrative managers beware: your company’s workers compensation coverage does not necessarily protect you from lawsuits by employees.
Even though her employer had Workplace Safety and Insurance Board...more