Adrian Miedema

Adrian Miedema

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Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

6/18/2015 - Appeals Arbitration Employee Benefits Grievance Process Mediation OHSA Ontario Settlement Unions Wage and Hour Workers Compensation Awards Workplace Injury Workplace Safety WSIB

Worker awarded WSIB benefits after health and safety officer “grabbed him and threw him to the ground”

In an unusual case, a construction site superintendent has won entitlement to workers compensation benefits after persuading an appeals tribunal that he was assaulted by his employer’s health and safety officer and was not an...more

5/26/2015 - Appeals Canada Construction Industry OSHA Workers Compensation Awards Workplace Safety WSIB

Employer Who Voluntarily Complied with MOL Inspector’s Orders Was Not Entitled to Suspension of Orders Pending Appeal

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

1/27/2015 - Appeals Canada Employer Liability Issues Ministry of Labour OHSA

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

Inspector’s Opinion Beat Engineer’s In Request To Suspend OHSA Compliance Order

The Ontario Labour Relations Board has deferred to the opinion of a Ministry of Labour inspector over that of an engineer in refusing to suspend a compliance order issued by the inspector under the Occupational Health and...more

10/3/2013 - Appeals Canada Compliance Order OHSA OLRB Safety Precautions

Supervisor’s Violation Of Lockout “Cardinal Rule” Did Not Justify Dismissal: Appeal Court

The Ontario Court of Appeal has upheld a trial judge’s decision that an employee’s violation of a lockout rule was not just cause for dismissal....more

2/21/2013 - Appeals Hiring & Firing Lockouts Safety Violations Termination

Constant Supervision Not Required By OHSA: Ontario Court

The Occupational Health and Safety Act does not require that workers be “contemporaneously supervised at all times”, an Ontario appeal judge has held, dismissing two charges....more

12/13/2012 - Appeals OHSA Supervisors

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