Physically demonstrative managers beware: your company’s workers compensation coverage does not necessarily protect you from lawsuits by employees.
Even though her employer had Workplace Safety and Insurance Board...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
The fact that an employee had engaged in harassment did not make it foreseeable that he would assault a coworker, a labour arbitrator has held. However, the company’s harassment policy was deficient and needed to be...more
The number of Ontario Occupational Health and Safety Act convictions was at a six-year low in the government’s fiscal 2013/14 year, Ontario Ministry of Labour statistics show.
There were 780 convictions in 2013/14,...more
The results of a recent Ontario Ministry of Labour safety blitz shows many new small businesses violate basic legal requirements such as posting a copy of the Occupational Health and Safety Act. And non-compliant employers...more
An electrician’s comment, “Don’t worry about me, I carry weapons” and “it would really feel good to kill something today” constituted workplace violence but did not warrant dismissal, the Ontario Labour Relations Board has...more
Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s own file on an employee who filed a human rights complaint with the Tribunal? That question is...more
A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee.
The Ontario Occupational Health and Safety Act...more
Ministry of Labour managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests.
An MOL inspector filed a grievance under his...more
Employees may not raise the same human rights issue before the Human Rights Tribunal of Ontario and the courts, a recent HRTO decision confirms.
The employee had commenced a court action in which he claimed that he was...more
Privileged notes taken by a witness – or by the employer from a witness – after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court, a recent court decision...more
The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of “red flags” which included a comment, “Do you want me to die?”...more
The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve, 2009 scaffold collapse that resulted in Metron Construction being fined $750,000.00 for safety violations....more
A new Ontario Bill will make employers liable for the WSIB costs of injured agency employees working for them.
Bill 18, which passed first reading on July 16, 2014, will amend the Workplace Safety and Insurance Act to...more
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
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
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
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
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
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
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
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
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
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
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