Adrian Miedema

Adrian Miedema

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Employee who forged 16 sick notes, then tried to blame her manager, was fired for cause

A Canada Revenue Agency employee who forged signatures on 16 sick notes was fired for cause, a federal adjudicator has decided. The employee had a problem with absenteeism and started missing work without calling in. The...more

12/2/2016 - Canada Canada Revenue Agency (CRA) Hiring & Firing Sick Leave Termination

GHS (WHMIS 2015) online courses now available

The Canadian Centre for Occupational Health and Safety has released two online courses on WHMIS 2015, which implements the Globally Harmonized System of Classification and Labelling of Chemicals (GHS)....more

12/1/2016 - Canada Globally Harmonized System Hazardous Substances Labeling OHSA Toxic Chemicals Workplace Hazards Workplace Safety

Regulation still required compliance with older ANSI standard, not updated version: Tribunal

Where the government had not updated a regulation to require compliance with a newer version of an ANSI (American National Standards Institute) standard, the law still required compliance with the old version, a federal...more

11/28/2016 - ANSI Canada Construction Industry OHSA Workplace Safety

“You’re kind of close to those wires”: excavator operator guilty of OHSA charges after hitting power line

An excavator operator has been found guilty of two Occupational Health and Safety Act charges after hitting a power line. The operator, who was working on a road construction project, was planning to load the excavator...more

11/22/2016 - Canada Construction Industry Construction Project OHSA Workplace Hazards Workplace Injury Workplace Safety

Work-refusing employee did not have right to delay investigation for 2 hours until her preferred union representative could attend

A correctional officer did not have the right to delay her employer’s investigation of her work refusal for two hours while her preferred union representative attended to “personal” matters. The correctional officer’s...more

11/16/2016 - Canada OLRB Union Representatives Unions

City bylaw prohibiting hookah smoking in licensed businesses for health and safety reasons is valid: Court

The City of Toronto Council had the legal authority to make a by-law that prohibited hookah smoking in licensed establishments, an Ontario judge has decided, given the city’s valid health and safety concerns....more

11/11/2016 - Bylaws Canada OHSA Ontario Public Health Smoking Bans Tobacco Tobacco Regulations

Three days in jail for owner of roofing business after trying to deceive MOL inspector

The owner of a roofing business has landed in jail for three days after trying to trick a Ministry of Labour inspector following a workplace accident. Three workers were working on a residential roofing project but the...more

11/9/2016 - Canada Criminal Prosecution Interference Claims Ministry of Labour Obstruction of Justice OHSA Safety Inspections Workplace Injury Workplace Safety

After being told that she should just “quit” if she felt unsafe, dismissed employee awarded $15,000 in damages

A charity has been ordered to pay a dismissed employee $15,000 in damages after dismissing her shortly after she had raised safety issues, in violation of the Occupational Health and Safety Act. The charity ran retail...more

11/3/2016 - Adverse Employment Action Canada Charitable Organizations Damages Demotions Hiring & Firing OHSA OLRB Pain and Suffering Retaliation Termination Workplace Safety

Appeal of MOL compliance order adjourned while related OHSA prosecution ongoing, despite City’s objection

The Ontario Labour Relations Board has adjourned an appeal of a Ministry of Labour inspector’s compliance order against the City of Sudbury while a related prosecution under the Occupational Health and Safety Act is ongoing,...more

10/28/2016 - Adjournment Appeals Canada Ministry of Labour OHSA Ontario Labour Relations Board

Federal employee has effective veto over appointment of “impartial” workplace violence investigator, as long as veto not exercised...

A federal employee’s objection to the appointment of a workplace violence investigator was valid, the Occupational Health and Safety Tribunal Canada has decided, because the investigator was not “seen by” the employee as...more

10/27/2016 - Canada Employment Tribunals Federal Employees Harassment OHSA Workplace Violence

OLRB dismisses union’s “fishing expedition” in safety case: documents requested from MOL and employer were not arguably relevant

The Ministry of Labour and the employer were not required to hand over certain documents requested by the union in a safety dispute, the Ontario Labour Relations Board has decided. The issue in dispute was whether the...more

10/12/2016 - Canada Document Productions Ministry of Labour OLRB Unions Workplace Safety

After accepting guilty plea, prosecutor cannot reargue trial court’s decision to exclude evidence of worker’s injury when setting...

The Ministry of Labour cannot reopen a Justice of the Peace’s decision to exclude evidence that a worker was injured, where the defendant company later pleaded guilty to Occupational Health and Safety Act charges and the...more

10/7/2016 - Bodily Injury Canada Evidence Fines Guilty Pleas Ministry of Labour OSHA Workplace Injury Workplace Safety

Worker entitled to asbestos records for government building he worked in, but not list of employees in building

A worker was entitled to asbestos records for the government building he worked in. However, he was not entitled to a list of government employees who worked in the building and therefore who may have been exposed to...more

9/30/2016 - Air Quality Standards Asbestos Canada Employees Employer Liability Issues Employment Records Hazardous Substances Toxic Exposure Workplace Hazards Workplace Safety

Safety topic was emphasized, not “buried in hundreds of power point slides”: employer establishes due diligence, not guilty in...

A Saskatchewan employer has been found not guilty of six occupational health and safety charges after a worker died of suffocation when he became engulfed in a grain receiving pit.  The employer’s extensive safety program had...more

9/26/2016 - Canada Dismissals Due Diligence Employee Training OHSA Workplace Hazards Workplace Injury Workplace Safety Wrongful Death

“Competent supervisor” obligation relates to competence in safety, not in performance management: OLRB dismisses OHSA retaliation...

A laid-off worker’s safety-retaliation complaint under the Occupational Health and Safety Act has been dismissed because it was really a complaint about management’s assessment of his performance – not about safety....more

9/20/2016 - Adverse Employment Action Canada Dismissals Hiring & Firing Lay-Offs OHSA OLRB Retaliation

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

Supervisor’s OHSA conviction upheld on appeal: prosecutor not required to prove what “hazard” caused concrete worker’s death

A supervisor’s Occupational Health and Safety Act conviction of failing to sufficiently and competently supervise work has been upheld on appeal, after a concrete worker died. The supervisor operated and managed a...more

9/13/2016 - Appeals Canada Carbon Monixide Exposure Construction Industry Construction Project Employer Liability Issues OHSA Workplace Hazards Workplace Injury Workplace Safety Wrongful Death

High school machine shop teacher loses work refusal case

A machine shop teacher’s work refusal was not justified, an appeals tribunal has decided, given that the teacher had the ability to manage the class environment to ensure safety. The teacher refused to teach the class if...more

9/9/2016 - Appeals Canada Dismissals Educational Institutions Hiring & Firing OHSA Students Teachers Workplace Hazards Workplace Safety

OHSA conviction, $48,000 fine upheld on appeal: “blocking” of machine required physical block

An Ontario Appeal judge has upheld an employer’s conviction under the Occupational Health and Safety Act for failure to “block” a machine, after the trial justice held that “blocking” required a physical block, not simply...more

9/7/2016 - Appeals Bodily Injury Canada OHSA Workplace Injury Workplace Safety

“Reputable and responsible” owner / operator guilty of OHSA charge after drill rig collapse at York University

After a dramatic and tragic incident in which a large drill rig fell over at York University, fatally injuring a backhoe operator and badly injuring an excavator operator, the company that owned and operated the rig has been...more

8/30/2016 - Canada Construction Industry Construction Project Ministry of Labour OHSA Workplace Injury Workplace Safety Wrongful Death

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

Sidewalk rage? Employee convicted of dangerous driving under Criminal Code after “trying to scare” his boss by driving towards him

An employee has been convicted of dangerous operation of a motor vehicle after he drove towards his boss three times, “trying to scare him”. The employee worked as a labourer in construction.  His relationship deteriorated...more

8/19/2016 - Canada Construction Industry Employees Harassment Reckless Driving

Employer loses wrongful dismissal case after court finds safety rules unclear

An employer has lost a wrongful dismissal case after a court found that its safety rules, which it alleged the employee violated, were unclear and not clearly-communicated. The employee worked at a solid waste facility...more

8/16/2016 - Canada Hiring & Firing Safety Equipment Safety Standards Safety Violations Workplace Safety Wrongful Termination

Despite employee’s concerns with speed, quality and outcome of harassment investigation, no reprisal under OHSA

Even though an employer’s harassment investigation was allegedly slow, inadequate and had a questionable outcome, the employee had not suffered a “reprisal” under the Ontario Occupational Health and Safety Act, the Ontario...more

8/9/2016 - Canada Employer Liability Issues Harassment Internal Investigations OHSA Ontario Labour Relations Board Workplace Safety

Bartender, fired for smoking marijuana at work, loses human rights complaint

A B.C. bartender has lost his human rights compliant after he was dismissed for smoking marijuana on shift. The bartender also served as assistant manager of the restaurant. The employer had a policy that prohibited...more

8/5/2016 - Canada Disability Discrimination Employment Policies Hiring & Firing Human Rights Tribunals Liquor Control Acts Marijuana Medical Marijuana Occupiers Liability Act (OLA) OHSA Termination Zero Tolerance Policies

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