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Court orders condo owner who harassed building management staff to cease and desist. OHSA harassment provisions applied

A condominium owner who called building management staff offensive and degrading names has been ordered by a judge to cease and desist from harassing them. The decision shows that the Ontario Occupational Health and Safety...more

“Repeated exposure to supervisor constituted a dangerous situation”, employee arguing

The Federal Court has breathed new life into a government employee’s claim that “repeated exposure to her supervisor constituted a dangerous situation” that justified her work refusal under the Canada Labour Code. The case...more

Court refuses small-town mayor’s OHSA-based request for injunction prohibiting resident from harassing her

An Ontario judge has rebuffed a small-town mayor’s attempt to use the Occupational Health and Safety Act‘s violence and harassment provisions to obtain a court order stopping a town resident from harassing her....more

Psychological harassment arbitration adjourned because employee awarded worker’s compensation benefits

An employee who received worker’s compensation benefits for “psychological injury due to harassment” has had her union harassment grievance, against her employer and supervisor, adjourned....more

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

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

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

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

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

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

Lawyer’s harassment investigation report was not solicitor-client or litigation privileged: union entitled to a copy, says...

The mere fact that a lawyer prepared an investigation report does not make it privileged, a labour arbitrator has held, granting the union’s request for a subpoena to obtain the report. The Durham Regional Police Association...more

“Discussing inappropriate personal matters at work”, aggressive conduct, gets employee fired for cause

An employee on a “last-chance” agreement was fired for cause for his “aggressive, condescending and rude” behaviour including discussing sensitive personal matters at work. The employee had worked at the company for 28...more

Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA

Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a reprisal / retaliation claim under the Occupational Health and Safety Act, a labour arbitrator has...more

Manager was not a “competent person” to conduct harassment / violence investigation under Canada Labour Code: Court

The Federal Court has held that a manager was not a “competent person” to conduct a workplace harassment investigation under the Canada Labour Code because the employee who filed the complaint had not agreed that the manager...more

OLRB Agrees to Hear Another Harassment Case

The debate continues as to whether the Ontario Labour Relations Board has jurisdiction to hear harassment-reprisal complaints under the Occupational Health and Safety Act, but another Vice-Chair of the OLRB has said “yes”....more

“An employee does not necessarily get one free sexual harassment before he loses his job”, says arbitrator in upholding dismissal...

An arbitrator has upheld the dismissal of a unionized employee for one incident of sexual harassment and threats on Facebook. After an incident at work in which the grievor was displeased with “X”, a female co-worker,...more

“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

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

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

Adjudicator’s Award Was Shaming Of Union Officials For “Ongoing Campaign”, Harassment Of Member Which Breached Duty Of Fair...

A union member has won a legal battle against local union officials after they engaged in a “campaign” against him that attacked his credibility and resulted in him being subjected to a harassment complaint. ...more

Not Harassment To Remind Nurses Of Professional Obligations, Arbitrator Says

It was not “harassment” for a manager to mention the College of Nurses of Ontario and remind nurses of their professional obligations, an arbitrator has held....more

4/24/2014  /  Canada , Harassment , Nurses , OHSA

Illegal For Harassment Program To Allow For “Preliminary Assessment”, Early Dismissal, Employee Arguing At OLRB

A provision in a harassment program allowing for a preliminary assessment of complaints, rather than an investigation, and for early dismissal, violates the Occupational Health and Safety Act, an employee is arguing before...more

2/13/2014  /  Canada , Harassment , OHSA , OLRB

Wave Of Harassment Cases Coming To OLRB? New Decisions Cause Concern

May an employee, unhappy with how he or she was treated after filing a harassment complaint with the employer, turn to the Ontario Labour Relations Board for a remedy? Up until recently, the answer appeared to be “no”. Two...more

2/7/2014  /  Canada , Harassment , OLRB

Fired Employee Failed To Prove That Depression, Harassment Drove Him To Fight: Court

An employee who was fired for fighting after being harassed, did not prove that his harassment or depression caused him to fight. Therefore, the Human Rights Tribunal of Ontario was wrong to find that his firing was...more

“Smiley Face”, Friendly Tone Showed E-Mail Exchange Not Harassing: Arbitrator

A supervisor’s e-mails to an employee were not harassing, an arbitrator has held, noting the employee’s friendly tone – “great game Thurs night” – and use of the “smiley face” in his replies to the supervisor’s e-mails....more

8/20/2013  /  Arbitration , Canada , Email , Harassment , Supervisors
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