Adrian Miedema

Adrian Miedema

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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

7/9/2015 - Arbitration Collective Agreements Harassment Hiring & Firing OHSA Retaliation Temporary Employees Unions Workplace Bullying Wrongful Termination

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

4/7/2015 - Canada Employer Liability Issues Harassment Impartiality Internal Investigations Managers

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

1/16/2015 - Employer Liability Issues Harassment OHSA OLRB Ontario

“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

10/22/2014 - Canada Harassment OHSA Sexual Harassment Workplace Bullying

“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

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

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

5/15/2014 - Damages Duty of Fair Representation Harassment Union Membership Union Representatives

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

9/12/2013 - Canada Discrimination Harassment Hiring & Firing Mental Illness Termination

“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

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

Workplace Violence And Harassment Top MOL Orders In Blitz

Workplace violence and harassment was the most common category of compliance orders made by Ontario Ministry of Labour inspectors in a recent compliance blitz in the manufacturing sector....more

3/19/2013 - Canada Harassment OHSA Workplace Violence

Managers File Complaints About Employees’ Offensive Blog Posts, But Remedy Denied

Usually employees complain about their managers, not the other way around. In an interesting case, a group of managers, who complained that their workplace had been poisoned by the employer’s inaction in the face of...more

3/14/2013 - Anti-Harassment Policies Blogs Canada Harassment Managers

Ontario MOL’s Winter Safety Blitzes

Ontario Ministry of Labour inspectors are conducting a winter safety blitz looking for the following...more

1/22/2013 - Harassment Ministry of Labour Safety Laws Safety Precautions Workplace Hazards Workplace Violence

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