Adrian Miedema

Adrian Miedema

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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

Unauthorized supervisor decided to “solve the problem himself”, caused accident – OHSA charges against company dismissed

An employer has beat occupational health and safety charges laid after its supervisor caused an explosion when he defied instructions and took it upon himself to use a torch to thaw ice that had accumulated in a culvert....more

7/21/2016 - Canada OHSA Power Plants Safety Training Workplace Hazards Workplace Injury Workplace Safety

Fired employee’s Facebook post calling company “s—hole” showed dismissal for workplace outbursts, threat was indeed appropriate

An employee who yelled and swore at a manager about a written test for a maintenance position, and a few days later took a gun out of a box in the company parking lot and “pumped it”, was fired for cause, an arbitrator has...more

7/14/2016 - Arbitration Canada Facebook Harassment Hiring & Firing Personnel Records Workplace Violence

Delay in OHSA prosecution was not unreasonable: charges not stayed

Even though the case took more than two years to get to trial, an Ontario court has refused to halt a prosecution of a company under the Occupational Health and Safety Act. Charges were laid against a construction...more

7/12/2016 - Canada Canadian Charter of Rights and Freedoms Construction Industry Construction Project OHSA Supreme Court of Canada Workplace Injury Workplace Safety

Court throws out MOL evidence due to late disclosure, notice in OHSA prosecution

An Ontario judge has thrown out laser scan evidence due to the Ontario Ministry of Labour’s late disclosure and late notice to defence counsel that the MOL intended to present that evidence in court....more

7/7/2016 - Canada Construction Industry Construction Project Discovery Evidence Ministry of Labour OHSA Workplace Injury Workplace Safety Wrongful Death

Federal employers not required to inspect workplaces that they don’t control: court

The Federal Court has decided that federally-regulated employers are not required to conduct inspections of places not under their control where their employees work.   The decision will be a relief to federal employers whose...more

7/5/2016 - Canada Inspections Safety Inspections Workplace Safety

Ontario man fined $6,000 for illegal use of “professional engineer” title when seeking job

An Ontario man has been found guilty of three counts of violating the Professional Engineers Act by using the protected title, “P.Eng.” in a resume and in communications with a construction firm at which he was seeking...more

6/21/2016 - Canada False Association Hiring & Firing Job Applicants Misleading Impressions

HRTO sets protocol for employers to use their own occupational health and claims management file to defend human rights complaint

The Human Rights Tribunal of Ontario has set out criteria that an employer must satisfy in order to use its own Occupational Health and Claims Management file to defend itself in a human rights complaint....more

6/14/2016 - Canada Human Rights Medical Records Ontario Human Rights Tribunal PHI

Reverse burden of proof sinks no-show employer: OLRB awards more than $25,000 for safety-reprisal

An employer that failed to attend a safety-reprisal hearing has been ordered to pay two employees damages of more than $25,000.00. The employees filed an application with the Ontario Labour Relations Board claiming that...more

6/9/2016 - Canada Hiring & Firing OHSA OLRB Retaliation Workplace Safety

Medical marijuana-using welder must give employer treatment records: arbitrator

A worker who used medical marijuana has been ordered to give his employer any medical records touching on his treatment. The worker was a long-service journeyman welder employed at the employer’s potash mine.  He claimed...more

6/7/2016 - Arbitration Canada Decriminalization of Marijuana Disability Discrimination Discrimination Employment Policies Marijuana Medical Marijuana Off-Duty Employees

Australian employee wins workers compensation benefits after coworker takes covert photographs of her

An Australian employee has won her bid for workers’ compensation benefits for psychological injury after she learned that a coworker had taken covert photographs of her....more

6/2/2016 - Australia Photographs Psychological Injuries Workers' Compensation Claim Workplace Injury

Vague OHSA charges must be clarified: court orders prosecutor to provide particulars of charge

A judge has ordered a prosecutor to provide “particulars” of a vague charge under the Nova Scotia Occupational Health and Safety Act, so the constructor could understand the charge against it....more

5/31/2016 - Canada Construction Industry OSHA Workplace Hazards Workplace Injury Workplace Safety

Employer breached OHSA, collective agreement by sharing employee’s medical information with another employer

An arbitrator has decided that an operator of a long term care facility violated both the Occupational Health and Safety Act and the collective agreement by sharing an employee’s medical information with another employer,...more

5/27/2016 - Arbitration Canada Collective Agreements Harassment Health Care Providers Long Term Care Facilities OSHA PHI Popular Right to Privacy

Ontario MOL consulting on new mandatory construction hazard awareness training

The Ontario Ministry of Labour is proposing to require all construction employers to ensure that their workers complete a new “construction hazard awareness training” program. This training program would be an add-on,...more

5/24/2016 - Construction Industry Employee Training Ministry of Labour Ontario Workplace Hazards Workplace Safety

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