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
An employee need not physically assault a co-worker in order to be dismissed for workplace violence, an arbitrator’s decision shows.
The employer had 8 “Golden Rules” of workplace health, safety and environmental...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
An employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion, a labour arbitration board has decided.
The employee, a unionized mechanic with the City of...more
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
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
Employers have the power to set terms of reference for the administration and operation of joint health and safety committees, as long as those terms are not different than those in the Ontario Occupational Health and Safety...more
A recent case illustrates the importance of conducting a careful, sensitive investigation of sexual harassment complaints. An employer’s “unpardonable” response to a sexual harassment complaint has resulted in an...more
A millwright who violated his employer’s “Cardinal Rules” by committing a lock-out violation, deserved a six-month suspension and with a last-chance stipulation, an arbitrator has held. The company’s decision to dismiss the...more
An employee who was entitled to Workplace Safety and Insurance Board benefits for a workplace injury could not also obtain damages through arbitration, a labour arbitrator has decided.
A supervisor’s e-mails to an employee were not harassing, an arbitrator has held, noting the employee’s friendly tone – “great game Thurs night” – and use of the “smiley face” in his replies to the supervisor’s e-mails....more
An arbitrator has upheld the dismissal of a city “traffic operations” employee for threatening statements, a racist comment and one incident of dangerous and aggressive driving....more
An unremorseful mail room clerk’s sexual harassment and grabbing of a contract worker was just cause for dismissal, the Ontario Divisional Court has held, overturning and criticizing an arbitrator’s decision....more
An employer has been unsuccessful in its bid to keep a newly-created “capital safety planner” position out of a union bargaining unit....more
The work refusal provisions of the Occupational Health and Safety Act should not be abused, an arbitrator has effectively held in overturning an employee’s dismissal but refusing reinstatement....more
An Ontario arbitrator has found that an employer violated Bill 168 which introduced workplace violence provisions into Ontario’s Occupational Health and Safety Act....more