Adrian Miedema

Adrian Miedema

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July 1, 2014 Deadline To Provide Ontario’s New Safety Awareness Program To Employees (Your Current Program Is Probably Not Good...

The clock is ticking. All Ontario employers must provide their workers and supervisors with “basic occupational health and safety awareness training” by July 1st, or they will be in violation of a new regulation under the...more

1/9/2014 - Canada E-Learning Employer Mandates Hiring & Firing New Hires OHSA Safety Training Workplace Safety

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

Mere Smell Of Marijuana Was Not Enough: Employee Was Entitled To Refuse Drug Test, Says Court

An employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the employee’s truck but had no other evidence of drug use or impairment, a Nova Scotia judge has held....more

6/7/2013 - Canada Drug Testing Hiring & Firing Marijuana OHSA

Unremorseful Sexual Harasser Was Fired For Cause: Court Reproves Arbitrator

An unremorseful mail room clerk’s sexual harassment and grabbing of a contract worker was just cause for dismissal, the Ontario Divisional Court has held, overturning and criticizing an arbitrator’s decision....more

5/31/2013 - Arbitration Canada Hiring & Firing Sexual Harassment Termination

Angry Confrontation Of Employee By A Manager Could Be Safety Issue: OLRB

In what appears to be a departure from a growing line of cases, the Ontario Labour Relations Board has permitted an employee to advance her claim that the employer violated the Occupational Health and Safety Act when it fired...more

5/7/2013 - Canada Hiring & Firing OHSA Safety Precautions Termination

Bad-Faith Work Refusal Complaint To MOL Justified Discipline – Reinstatement Denied

The work refusal provisions of the Occupational Health and Safety Act should not be abused, an arbitrator has effectively held in overturning an employee’s dismissal but refusing reinstatement....more

4/30/2013 - Arbitration Canada Hiring & Firing OHSA Reinstatement

“Ten Times The Effort” To Manage Employee’s Absenteeism, Addictions: Dismissal Upheld

An employee with a long history of substance abuse issues and absenteeism was properly dismissed after he attended at work while impaired, an Ontario arbitrator has decided....more

4/23/2013 - Canada Drug & Alcohol Abuse Duty to Accommodate Hiring & Firing Termination

Safety Violations Get 37-Year Employee Fired For Cause

We don’t often hear of 37-year employees being fired for just cause. An arbitrator has recently upheld the dismissal of a long-service unionized employee for safety violations....more

4/15/2013 - Canada Hiring & Firing OHSA Safety Precautions Safety Violations Unions

Court Dismisses Safety-Reprisal Complaint Related To Family Dispute

An employee who claimed that he was dismissed after sharing his concerns about the well-being of himself and his children and the “lifestyle of their mother”, has been denied a remedy under the safety-reprisal provisions of...more

3/27/2013 - Canada Hiring & Firing Retaliation Safety Precautions Termination

Unsafe-Truck Complaint Gets Probationary Employee Fired – And Damages For Safety-Reprisal

An Ontario employer has been ordered to pay 24 weeks’ wages to a 12-week probationary employee who was fired after complaining about numerous safety issues with a company truck he was driving which hauled steel....more

3/7/2013 - Adverse Employment Action Hiring & Firing Safety Precautions Termination

Supervisor’s Violation Of Lockout “Cardinal Rule” Did Not Justify Dismissal: Appeal Court

The Ontario Court of Appeal has upheld a trial judge’s decision that an employee’s violation of a lockout rule was not just cause for dismissal....more

2/21/2013 - Appeals Hiring & Firing Lockouts Safety Violations Termination

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