Adrian Miedema

Adrian Miedema

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Firing after employee’s “generalized threat to get legal advice” was not retaliatory

An employee who was fired approximately one month after he told his employer that he “might get legal help” was not the victim of a reprisal, the Ontario Labour Relations Board has decided. Although the case was filed under...more

2/11/2016 - Canada Employment Discrimination Employment Standards Act Hiring & Firing Ontario Labour Relations Board Wrongful Termination

Criminal negligence causing death charge against auto mechanic reinstated by appeal court

A charge of criminal negligence causing death against an auto mechanic may proceed, the Ontario Court of Appeal has decided, holding that it was possible that a reasonable jury could find that the mechanic was a “significant...more

2/9/2016 - Canada Car Accident Criminal Negligence OHSA Product Defects Safety Inspections Wrongful Death

$5.3 million fine in Sunrise Propane case after joint prosecution under OHSA and EPA

Some cases illustrate very well the principle that “the more dangerous your operation, the more careful you must be”.  This case, involving a joint prosecution by the Ministry of Labour and Ministry of Environment, is one of...more

2/2/2016 - Canada Cleanup Doctrine Energy Sector Environmental Protection Act Fines OHSA Propane Workplace Safety

“Presumptive remedy” for retaliatory discharge under OHSA is reinstatement of employee, OLRB states

Where an employer fires an employee for raising safety concerns, the employee will generally be entitled to reinstatement, the Ontario Labour Relations Board has stated. The case involved a restaurant employee who sent...more

1/28/2016 - Canada Hiring & Firing OHSA Ontario Labour Relations Board Retaliation Wage and Hour

Ontario OHSA convictions, fines inch up in 2014/15, MOL field visits at 11-year low

While the number of field visits conducted by Ontario Ministry of Labour inspectors continued to decline in 2014/15, the number of convictions increased slightly, the Ontario Ministry of Labour’s “Occupational Health & Safety...more

1/26/2016 - Canada OHSA Safety Inspections Workplace Injury Workplace Safety

July 1, 2016: All Ontario employers must comply with new noise regulation

As of July 1, 2016, all Ontario employers will be required to comply with a new workplace noise Regulation under the Occupational Health and Safety Act. The new Regulation (381/15) replaces noise protection requirements...more

1/22/2016 - Amusement Parks Canada Mining New Regulations Noise Control Ordinances OHSA Oil & Gas

Contractor jailed for 30 days, fined $45,000 after serious asbestos violations

Every now and then a case comes along to remind us that violators of occupational health and safety legislation can be sent to jail. Mind you, this case involved not only serious safety violations, but also deceit and...more

1/19/2016 - Asbestos Canada Ministry of Labour OHSA Workplace Hazards

Summary of judge’s reasons for giving Kazenelson, “unquestionably a person of good character”, a 3 1/2 year jail sentence for...

The judge’s reasons for sending Metron Construction’s project manager, Vadim Kazenelson, to jail for criminal negligence are now available. In our post of January 11th, we reported that the judge had sentenced Mr....more

1/14/2016 - Canada Criminal Investigations Criminal Negligence Workplace Injury Workplace Safety

3 1/2 years in prison for Metron project manager, Kazenelson, after criminal negligence conviction

Vadim Kazenelson, the project manager for Metron Construction, was sentenced today to 3½ years in prison for criminal negligence. This is the longest-ever jail sentence handed down for criminal negligence under the...more

1/12/2016 - Canada Construction Industry Convictions Criminal Negligence Criminal Prosecution Workplace Safety

“Industry standard” is not always appropriate safety precaution, and MOL inspector’s “gut instinct” is not enough to ground...

A mining company has won a lengthy dispute with the Ontario Ministry of Labour after satisfying the Ontario Labour Relations Board that the applicable “industry standard” was not appropriate in the case at hand. The...more

1/7/2016 - Canada Inspections Mining OHSA OLRB Workplace Safety

Does your safety policy require an accident investigation? Court suggests investigation file may not be litigation privileged

An Alberta judge has suggested that if a workplace safety policy or program requires that certain accidents be investigated, then the accident investigation reports may not be subject to litigation privilege – meaning that...more

1/5/2016 - Canada Privileged Documents Safety Inspections Workplace Investigations Workplace Safety

Criminal negligence conviction for landlord who disregarded Fire Code violations, deceived fire inspector

An appeal court has upheld the conviction of a landlord for criminal negligence causing death after numerous Fire Code violations led to a tenant’s death.  The case demonstrates that violations of duties under provincial...more

12/22/2015 - Canada Criminal Negligence Fires Landlords Safety Violations Wrongful Death

“I guess I’d have to kill you” remark could not reasonably have been interpreted as a “viable threat”: fired worker entitled to...

A worker’s comment that “I guess I’d have to kill you” was clearly inappropriate but did not constitute wilful misconduct under the Ontario Employment Standards Act, the Ontario Labour Relations Board has held. The case...more

12/10/2015 - Canada Employment Standards Act Hiring & Firing Willful Misconduct

Judge chides employer that countersued against employee for making allegedly “false” safety complaint to Ministry of Labour

Courts should discourage employers from suing employees for making safety complaints to the Ministry of Labour, an Ontario Small Claims Court deputy judge has stated. An employee, who worked for an electrical contractor...more

12/8/2015 - Anti-Retaliation Provisions Canada Ministry of Labour Safety Inspections

Fraud conviction for worker who collected workers’ compensation benefits after returning to job

A Saskatchewan labourer has pleaded guilty to fraud after having been caught collecting workers compensation benefits following his return to work. He has also been ordered to reimburse the Saskatchewan Workers’...more

12/4/2015 - Canada Fraud Workers Compensation Awards

OHSA charges dismissed against tourist resort in boating fatality

An Ontario court has dismissed two charges under the Occupational Health and Safety Act against a tourist resort after the Ministry of Labour failed to prove its case. The charges followed an incident in 2012 in which...more

12/4/2015 - Canada Dismissals Hospitality Industry Ministry of Labour OHSA Wrongful Death

Worker’s fainting at sight of his own blood was “work-related”: U.S. OSHA

We all know people who get light-headed at the sight of blood.  The U.S. Occupational Safety and Health Administration (OSHA) has issued an interpretation letter, advising that an incident in which a worker fainted at the...more

11/30/2015 - OSHA Workplace Injury Workplace Safety

HRTO settlement did not bar employment standards and OHSA complaints relating to time period after settlement

The Ontario Labour Relations Board has held that Minutes of Settlement signed in the settlement of an application at the Human Rights Tribunal of Ontario, barred the employee from advancing employment standards and health and...more

11/20/2015 - Canada Employment Standards Act OHSA Ontario Labour Relations Board Settlement

Employer ordered to reinstate labourer fired day after complaining about knee pain, safety issue

An employee has won a reinstatement order under the Occupational Health and Safety Act after the Ontario Labour Relations Board held that he was fired for raising safety issues. The employee complained to a company...more

11/12/2015 - Hiring & Firing OHSA Retaliation Workplace Safety Wrongful Termination

Employee required to produce his medical file to employer in accommodation grievance

After an employee’s union grieved that the employer had failed to return him to work “notwithstanding that he has provided all requested medical information”, the employee has been ordered to produce much of his medical file...more

11/10/2015 - Medical Leave Medical Records OHSA Reasonable Accommodation Unions

When public perception and the law differ: man fired for heckling TV reporter at soccer game is rehired after arbitration process

Just because members of the public call for the firing of an employee for yelling sexual taunts at a TV reporter at a sports match, does not mean that the firing is legally justified, a recent case illustrates....more

11/5/2015 - Arbitration Code of Conduct Hiring & Firing Obscenity Off-Duty Employees Television Programming Television Shows Wrongful Termination

OHSA duties did not require employer to issue public response to “smear campaign” against non-racialized jail employees:...

An adjudicator has held that the Occupational Health and Safety Act‘s “general duty” clause did not require an employer to issue a public response to a “smear campaign” by one employee and his lawyer against non-racialized...more

10/30/2015 - Department of Corrections General Duty Clause OHSA Ontario Human Rights Tribunal Police Prison

Post-accident remedial measures were a “small bit of common-sense engineering”, relevant evidence in finding company guilty of...

An employer’s post-accident efforts to fix a safety issue were relevant to the issue of whether it had violated the Occupational Health and Safety Act at the time of the accident, an Alberta judge has held....more

10/23/2015 - Canada OHSA Workplace Hazards Workplace Injury Workplace Safety

Doctor’s note prescribing “no overtime” was obtained due to labour tensions, not employee’s health: three-day suspension imposed

An employee who obtained a doctor’s note to justify his desire not to work overtime during a labour dispute, deserved a three-day suspension, an arbitrator has held. After the employer announced that it would be reducing...more

10/13/2015 - Arbitration Labor Disputes Medical Leave Wage and Hour Work Suspensions

Alcoholic employee reinstated after employer’s compassionate approach put in question seriousness of previous warnings

There is an old, and somewhat cynical saying, that no good deed goes unpunished. While I personally disagree with that saying, one employer must believe it after a decision it received. In the case, an adjudicator...more

10/8/2015 - Disability Drug & Alcohol Abuse Hiring & Firing

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