Adrian Miedema

Adrian Miedema

Dentons

Contact  |  View Bio  |  RSS

Latest Posts › Arbitration

Share:

Threats of violence, one day after “sensitivity training”, get worker fired for cause. He “may have a problem with women in the...

A worker who said, “If anything ever happened, like losing my job, I’d have no problem coming in here and shooting them”, a day after receiving sensitivity training relating to workplace violence, was dismissed for cause, an...more

3/14/2017 - Arbitration Canada Employer Liability Issues Hiring & Firing Workplace Safety Workplace Violence

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....more

1/26/2017 - Adjournment Arbitration Canada Filing Grievances Harassment Unions Workers Compensation Awards

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. Although the prison was a non-smoking...more

1/19/2017 - Arbitration Arbitrators Canada Corrections Declaratory Relief OHSA Prison Prison Guards Prisoners Public Employees Smoking Bans

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. The Christmas party was held at a...more

1/18/2017 - Anti-Harassment Policies Arbitration Arbitrators Canada Demotions Employer Liability Issues Firemen Hiring & Firing Holiday Parties Holidays Rape Reinstatement Sexual Assault Sexual Harassment Unions Work Suspensions

Arbitrator finds employer violated OHSA workplace-violence obligations

A labour arbitrator has found that a mental health organization violated the Occupational Health and Safety Act when it failed to take certain workplace-violence precautions. The organization provided services to...more

12/7/2016 - Arbitration Canada Case Management Employer Liability Issues Mental Health OHSA Sexual Assault Workplace Safety

Persistent “sexual annoyance” of five female coworkers gets employee fired for cause, despite late reporting of incidents

A shelter support worker’s persistent pattern of sexual comments to five female coworkers justified his dismissal for cause, despite the coworkers’ failure to promptly report the incidents, a labour arbitrator has decided....more

9/15/2016 - Arbitration Canada Harassment Hiring & Firing Sexual Harassment Termination

Post-dismissal doctor’s report was relevant: disabled employee reinstated for further consideration of possible accommodation,...

An employee whose medical condition had improved both before and after termination has been reinstated for further consideration of possible accommodations, after an arbitrator relied on a doctor’s assessment done after...more

8/25/2016 - Arbitration Canada Duty to Accommodate Evidence Hiring & Firing Medical Leave Medical Reports Reinstatement Termination

Fired employee’s Facebook post calling company “s—hole” showed dismissal for workplace outbursts, threat was indeed appropriate

An employee who yelled and swore at a manager about a written test for a maintenance position, and a few days later took a gun out of a box in the company parking lot and “pumped it”, was fired for cause, an arbitrator has...more

7/14/2016 - Arbitration Canada Facebook Harassment Hiring & Firing Personnel Records Workplace Violence

Medical marijuana-using welder must give employer treatment records: arbitrator

A worker who used medical marijuana has been ordered to give his employer any medical records touching on his treatment. The worker was a long-service journeyman welder employed at the employer’s potash mine.  He claimed...more

6/7/2016 - Arbitration Canada Decriminalization of Marijuana Disability Discrimination Discrimination Employment Policies Marijuana Medical Marijuana Off-Duty Employees

Employer breached OHSA, collective agreement by sharing employee’s medical information with another employer

An arbitrator has decided that an operator of a long term care facility violated both the Occupational Health and Safety Act and the collective agreement by sharing an employee’s medical information with another employer,...more

5/27/2016 - Arbitration Canada Collective Agreements Harassment Health Care Providers Long Term Care Facilities OSHA PHI Popular Right to Privacy

Shot at in parking lot, employee awarded $5,000 in damages from employer despite WSIB coverage

A labour arbitrator has awarded a unionized employee $5,000.00 in damages from his employer – despite the fact that the employer was registered with the Workplace Safety and Insurance Board....more

4/22/2016 - Arbitration Canada Mass Shootings Workplace Injury Workplace Safety Workplace Safety and Insurance Act (WSIA) Workplace Violence WSIB

Employer’s request for post-incident alcohol and drug test was not justified where no sign of impairment: arbitrator

An employee responsible for a minor, although unusual, accident in a company parking lot was justified in refusing to submit to an alcohol and drug test, a labour arbitrator has found. The employee was an electrician....more

4/7/2016 - Alcohol Testing Arbitration Artificial Impairment Canada Drug Testing Workplace Safety

Double (16-hour) shift was not prohibited by ESA or OHSA: arbitrator

A labour arbitrator has held that the practice of unionized long-term care home employees voluntarily working two 8-hour shifts in succession did not violate the Ontario Employment Standards Act or Occupational Health and...more

3/29/2016 - Arbitration Canada Employment Standards Act Long Term Care Facilities OHSA Wage and Hour Work Schedules

Work refusal was motivated by employee’s dislike of work assignment, not by safety: when full disciplinary record considered,...

An arbitrator has upheld the dismissal of an employee who tried to use the Occupational Health and Safety Act’s work refusal provisions to avoid undesired work assignments. The employee worked for the City of Hamilton...more

3/22/2016 - Arbitration Canada Hiring & Firing OHSA Work Suspensions Wrongful Termination

Court upholds arbitrator’s imposition of 24-hour shift for firefighters, despite city’s safety concerns

In a previous post, we reported that an arbitrator had accepted a union’s request to impose 24-hour shifts for the City of St. Catharines’ firefighters, in spite of the city’s safety concerns. A court has now upheld the...more

2/25/2016 - Arbitration Canada Firemen Work Schedules Workplace Safety

When public perception and the law differ: man fired for heckling TV reporter at soccer game is rehired after arbitration process

Just because members of the public call for the firing of an employee for yelling sexual taunts at a TV reporter at a sports match, does not mean that the firing is legally justified, a recent case illustrates....more

11/5/2015 - Arbitration Code of Conduct Hiring & Firing Obscenity Off-Duty Employees Television Programming Television Shows Wrongful Termination

Doctor’s note prescribing “no overtime” was obtained due to labour tensions, not employee’s health: three-day suspension imposed

An employee who obtained a doctor’s note to justify his desire not to work overtime during a labour dispute, deserved a three-day suspension, an arbitrator has held. After the employer announced that it would be reducing...more

10/13/2015 - Arbitration Labor Disputes Medical Leave Wage and Hour Work Suspensions

Lawyer’s harassment investigation report was not solicitor-client or litigation privileged: union entitled to a copy, says...

The mere fact that a lawyer prepared an investigation report does not make it privileged, a labour arbitrator has held, granting the union’s request for a subpoena to obtain the report. The Durham Regional Police Association...more

10/6/2015 - Arbitration Harassment Investigations Privileged Documents Subpoenas Unions

“Discussing inappropriate personal matters at work”, aggressive conduct, gets employee fired for cause

An employee on a “last-chance” agreement was fired for cause for his “aggressive, condescending and rude” behaviour including discussing sensitive personal matters at work. The employee had worked at the company for 28...more

9/1/2015 - Arbitration Arbitration Agreements Employment Policies Harassment Hiring & Firing Mediation Workplace Bullying

Arbitration board imposes 24-hour firefighter shift, despite employer’s safety concerns

An interest arbitration board has imposed a 24-hour shift for firefighters employed by the Ontario City of St. Catharines, despite the city’s strenuous objections based largely on safety concerns. The City and...more

8/27/2015 - Arbitration Firemen Unions Wage and Hour Work Schedules

Employee guilty of “reckless” speeding in mine trolley: dismissal upheld

Unsafe operation of equipment is an easy way to get dismissed or charged with Occupational Health and Safety Act – or sometimes even criminal – offences. A labour arbitrator has upheld the dismissal of a mining employee for...more

8/5/2015 - Arbitration Canada Heavy Equipment Mining OHSA Reckless Driving Workplace Safety

Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA

Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a reprisal / retaliation claim under the Occupational Health and Safety Act, a labour arbitrator has...more

7/9/2015 - Arbitration Collective Agreements Harassment Hiring & Firing OHSA Retaliation Temporary Employees Unions Workplace Bullying Wrongful Termination

Arbitrator Strikes Down Employer’s Total Ban On Smoking During Shift

Starting in January 2015, the employer – which manufactured wire and cable products – banned smoking anywhere on company property, including outside of the plant. Employees were also prohibited from leaving company property...more

7/1/2015 - Arbitration Canada Employer Liability Issues Employment Policies OHSA Smoking Bans Unions

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

“Classic bullying” in company washroom, “which is the traditional hang out of bullies”, lands employee three-day suspension

A 6’2', 300-lb employee’s hostile, intimidating comment to a smaller co-worker in the company washroom was just cause for a three-day suspension, an arbitrator has decided. The evidence was that the suspended employee said,...more

4/30/2015 - Arbitration Canada Discipline Employer Liability Issues Workplace Bullying

40 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×