Adrian Miedema

Adrian Miedema

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“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

No punches thrown, but employee properly dismissed for yelling, swearing and abusive conduct

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

3/24/2015 - Arbitration Employment Policies Hiring & Firing Termination Workplace Violence

Persistent mockery, intimidation of supervisor was “juvenile and unworthy of a 12 year old”, warranted 6-month suspension of...

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

12/19/2014 - Adverse Employment Action Arbitration Canada Willful Misconduct

Employee’s lack of knowledge of OHSA was factor in denying him promotion; employee’s grievance dismissed

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

9/12/2014 - Arbitration Canada Employee Rights OHSA Unions

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

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

Employer May Set “Terms Of Reference” For Health And Safety Committee, Arbitration Board Rules

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

11/26/2013 - Arbitration Compliance OSHA

“Half-Hearted And Insensitive” Response To Sexual Harassment Complaint, Flawed Investigation, Results In $25,000 Damage Award

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

11/12/2013 - Arbitration Arbitrators Investigations Sexual Harassment

“Cardinal Rule” Safety Violation Warranted 6-Month Suspension, Last-Chance Order

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

11/7/2013 - Arbitration Last Chance Agreements

Arbitrator May Not Award Damages For Workplace Injury Where Worker Entitled To WSIB Benefits

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. ...more

9/26/2013 - Arbitration Arbitration Awards Arbitrators Canada Employee Benefits Workplace Injury WSIB

“Smiley Face”, Friendly Tone Showed E-Mail Exchange Not Harassing: Arbitrator

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

8/20/2013 - Arbitration Canada Email Harassment Supervisors

“Simmering Ball Of Negativity” Dismissed After Threatening Statements

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

7/18/2013 - Arbitration Public Employees Racial Discrimination Termination Threat Management

Unremorseful Sexual Harasser Was Fired For Cause: Court Reproves Arbitrator

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

5/31/2013 - Arbitration Canada Hiring & Firing Sexual Harassment Termination

Safety Professional Was Unionized Position: Arbitrator

An employer has been unsuccessful in its bid to keep a newly-created “capital safety planner” position out of a union bargaining unit....more

5/9/2013 - Arbitration Canada Safety Precautions Unions

Bad-Faith Work Refusal Complaint To MOL Justified Discipline – Reinstatement Denied

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

4/30/2013 - Arbitration Canada Hiring & Firing OHSA Reinstatement

Employer Violated Workplace Violence Law: Ontario Arbitrator

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

2/19/2013 - Anti-Harassment Policies Arbitration Damages OHSA OLRB Posting Requirements Workplace Violence

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