Adrian Miedema

Adrian Miedema

Dentons

Contact  |  View Bio  |  RSS

Latest Posts › Canada

Share:

Are supervisors able to assess impairment? Drug driving decision suggests so

A recent Ontario decision suggests that laypersons - such as supervisors – may assess whether a person is impaired from drugs or alcohol, and their assessment will be considered in legal proceedings. In a “drug...more

7/25/2014 - Canada Drunk Driving Employer Liability Issues Marijuana Temporary Impairments

Ontario Bill to extend protection of OHSA to unpaid trainees

A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act. The OHSA currently gives that protection to paid workers only. The current definition of “worker” under the OHSA...more

7/23/2014 - Canada Hiring & Firing New Legislation OHSA Unpaid Interns

Reprimands for “violation of basic safety protocols” were not discriminatory

After failing in a harassment grievance that was based on the Occupational Health and Safety Act, an employee has failed in his bid to persuade the Human Rights Tribunal of Ontario that safety-related discipline against him...more

7/16/2014 - Canada OHSA Safety Precautions

“Disgruntled and aggressive clients” posed safety threat under OHSA

An employee who was fired one day after complaining to the Ministry of Labour that she felt threatened by “disgruntled and aggressive clients” was entitled to damages for the retaliatory discharge, the Ontario Labour...more

7/9/2014 - Canada Damages Former Employee Hiring & Firing OHSA Retaliation

Arbitrator may order change to hours, location of doctor who sexually-harassed hospital nurse

Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be able to work with the nurse, and under what conditions, an Ontario arbitrator has decided....more

7/3/2014 - Arbitrators Canada Employer Liability Issues Harassment Hospitals Physicians Sexual Harassment

Safety committee members lose claim that employer retaliated against them

Disciplinary letters issued to three members of a safety “Policy Committee” were not retaliatory under the Canada Labour Code, the Canada Industrial Relations Board has decided. Air Canada issued letters to three...more

7/2/2014 - Adverse Employment Action Air Canada Airlines Canada Paid Leave Retaliation

Supreme Court denies chronic stress WCB claim after employee reacted to disciplinary letter

The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits for “chronic stress” which he said resulted from a disciplinary letter that followed years of conflict over another workplace...more

6/26/2014 - Canada SCC Workers' Compensation Defense

Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the Ontario Electricity Act. A young apprentice with the company was seriously...more

6/24/2014 - Canada Construction Accidents Construction Workers Contractor's License Contractors Subcontractors

“Everyone just knew” was not a defence to OHSA charges: court

An employer’s assertion that “everyone just knew” the safety rules, was not a defence to charges under the Occupational Health and Safety Act, an Ontario court has held. The employer’s “casual, oral practice” – without a...more

5/29/2014 - Canada Employer Liability Issues Employment Policies OHSA Trucking Industry Workplace Hazards Workplace Safety

Government OHSA advisors must be licenced paralegals, court decides

Employees of Ontario’s Office of the Worker Advisor and Officer of the Employer Advisor who provide legal services relating to the Occupational Health and Safety Act must be licensed paralegals, an Ontario judge has decided....more

5/27/2014 - Canada Licensing Rules OHSA Paralegal Unions Workplace Safety

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

Ontario Announces New JHSC Certification Training Standards, Refresher Requirements

The Ontario Ministry of Labour has announced that new “JHSC Certification Training Standards” will come into effect in early 2015. In the meantime, the existing “Certification Standards for Joint Health and Safety...more

5/20/2014 - Canada Safety Training Training Workplace Safety

Bill Would Increase Fines, Prison Terms For Workers Compensation Offences In Manitoba

It’s not just courts that are increasing fines for safety offences. The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act....more

5/13/2014 - Canada Fines Prison Sentencing

Seat Belt Offence Not “Absolute Liability”, Appeal Court Decides

A driver’s failure to wear a seat belt, which is an offence under the Ontario Highway Traffic Act, is not an “absolute liability” offence. Rather, “due diligence” is an available defence, the Ontario Court of Appeal has...more

5/6/2014 - Canada Seatbelts

Worker, Caught By MOL Inspector, Given Significant Fine For Safety Violation

An Ontario construction worker has been fined $1,500.00 after jumping from a hoist tower to a nearby roof. Unfortunately for the worker, a Ministry of Labour inspector saw him do it. ...more

4/29/2014 - Canada Construction Workers Fines OHSA Safety Violations

Not Harassment To Remind Nurses Of Professional Obligations, Arbitrator Says

It was not “harassment” for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held....more

4/24/2014 - Canada Harassment Nurses OHSA

Ontario Proposes Increasing “Distracted Driving” Fines – And Adding Demerit Points

Ontario’s government has introduced a Bill that would result in harsher penalties for distracted driving. The proposed amendments to the Highway Traffic Act would...more

4/23/2014 - Canada Distracted Driving Fines

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....more

4/17/2014 - Canada OHSA Public Schools Safety Precautions Workplace Injury Workplace Violence

Filed Late, Appeal Of Inpector’s Order Dismissed

A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders. The OLRB confirmed that that it had no authority to hear late-filed appeals....more

4/8/2014 - Canada OLRB

Three Months Until July 1 Training Deadline: Update On Ontario’s New Safety Awareness Training Requirement

Ontario employers have less than three months left to ensure that their workers and supervisors get “basic occupational health and safety awareness training” before the July 1, 2014 deadline....more

4/4/2014 - Canada OHSA Safety Training

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

Failed To Register With WSIB? New “Voluntary Registration” Policy May Provide Mercy

Ontario’s Workplace Safety and Insurance Board has issued a new policy showing when the WSIB will punish – or show mercy to – employers that are required to register with the WSIB but have not done so....more

4/1/2014 - Canada Registration WSIB

Zero-Tolerance “Safety Absolute” Upheld: One Tie-Off Violation Gets Employee Fired For Cause

Zero-tolerance safety rules, often called “Life Saving Rules”, “Cardinal Safety Rules” or ”Safety Absolutes”, are becoming more common in industry. An arbitrator has now upheld the firing of a unionized employee for one...more

3/27/2014 - Canada OHSA Safety Precautions Termination Zero Tolerance Policies

Company Director Fined $8,500 After Swearing At MOL Safety Inspector, Making Threatening Gestures And Telling Inspector To Leave...

Corporate directors can be charged by the Ontario Ministry of Labour and fined under the Occupational Health and Safety Act. Threatening and swearing at a Ministry of Labour inspector certainly increases the odds of charges...more

3/25/2014 - Canada OHSA Workplace Violence

Previous Environmental Convictions Considered In Jailing Of Supervisor For OHSA Offences: Court’s Reasons Now Available

A supervisor’s previous violations of the Environmental Protection Act, and failure to pay more than $50,000 in fines for those violations, were a factor in the court’s decision to send her to jail for Occupational Health and...more

3/18/2014 - Canada OHSA Personal Liability

85 Results
|
View per page
Page: of 4