Adrian Miedema

Adrian Miedema

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Despite Having WSIB Coverage, Worker Permitted to Sue “Physically Demonstrative” Executive Officer who “Massaged” her Neck

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

9/24/2014 - Canada Employer Liability Issues Liability Insurance Sexual Harassment

“Discipline” included “dismissal”: employer did not breach safety-reprisal settlement when it dismissed employee after harassment...

An employer that dismissed an employee after a harassment investigation did not breach a previous safety-reprisal settlement with the employee, the Ontario Labour Relations Board has held. In effect, the employer never...more

9/17/2014 - Employer Liability Issues Harassment Hiring & Firing OHSA Termination

No damages awarded for unforeseeable workplace assault, but employer ordered to rewrite harassment policy

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

9/5/2014 - Canada Employer Liability Issues Harassment OHSA

“Don’t worry about me, I carry weapons”: employee’s violent statements warranted serious discipline but not dismissal

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

8/27/2014 - Adverse Employment Action Canada Employer Liability Issues Employer No-Weapons Policies Hiring & Firing Workplace Violence

Ontario employers to bear WSIB costs of injured agency employees

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

7/30/2014 - Canada Employer Liability Issues New Legislation Temporary Employees Workplace Injury

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

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

$50,000 fine after trip-over-cord accident shows employers must listen to safety committee recommendations

A nurse’s trip over a cord has landed a hospital a $50,000 fine, where the joint health and safety committee had previously documented cord trips as a known hazard. The nurse was administering medication to a patient. ...more

6/19/2014 - Employer Liability Issues Workplace Injury

“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

Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

In sentencing an employer to a $115,000.00 fine in the case of a tragic workplace death, an Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under the Occupational Health...more

4/10/2014 - Employer Liability Issues OSHA Workplace Injury Wrongful Death

OHS Consultant Loses OHS Reprisal Case

A health and safety consultant has lost his case against his employer, a health and safety association, in which he alleged that he had been retaliated against for raising safety issues....more

2/25/2014 - Employer Liability Issues OSHA Retaliation Safety Precautions Workplace Hazards

Employer Should Have Fixed Safety Issue Before Accident, Not After: Safety Fix Did Not Merit Lower Fine

An employer’s corrective action taken after an accident did not entitle it to a reduced fine under the Occupational Health and Safety Act because the action should have been taken – and was legally-required – before the...more

1/28/2014 - Canada Employer Liability Issues OSHA Workplace Hazards Workplace Injury

Entire Vehicle Was A “Workplace” Under OHSA Even When Only Transporting Employees, Says OLRB

In a decision that affirms a broad definition of “workplace” under the Ontario Occupational Health and Safety Act, the Ontario Labour Relations Board has ruled that hydro trucks, including their aerial lift buckets, were...more

11/21/2013 - Canada DOL Employer Liability Issues OLRB OSHA

Harassed Employee’s Work Refusal Illegal: Court

An employee did not have a right under occupational health and safety legislation to refuse work due to harassment, a Nunavut judge has held....more

8/9/2013 - Canada Employee Rights Employer Liability Issues Harassment

Company Convicted Of OHSA Charges After Criminal Negligence Charges Withdrawn In Fatality

A crane rental company has been convicted of charges under the Occupational Health and Safety Act and fined, after criminal negligence charges against it were withdrawn....more

7/31/2013 - Canada Criminal Negligence Criminal Prosecution Employer Liability Issues OHSA

No Automatic OHSA Liability After Equipment-Failure Accident: Charge Dismissed Where Use Of Equipment Not “Likely”

Employers are not required to anticipate all safety hazards, however unforeseeable. A recent case illustrates this point. In a tragic accident, a worker died when a brace (which formed part of a makeshift winch used to...more

1/17/2013 - Employer Liability Issues Equipment Failure OHSA Safety Precautions Wrongful Death

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