An employee who smoked marijuana on the job without legal and medical authorization was not discriminated against when dismissed under his employer’s “zero tolerance” policy, the British Columbia Human Rights Tribunal has...more
Even though an employee “won” his safety-retaliation case under the Occupational Health and Safety Act after his employer failed to file a Response, the employee’s damages were reduced because his job search was shoddy....more
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
A 57 year old employee with 36 years of service was properly fired for one incident in which he cut another employee with a knife, a labour arbitrator has decided. The employee was a custodian with a textiles company. He...more
An employee need not physically assault a co-worker in order to be dismissed for workplace violence, an arbitrator’s decision shows.
The employer had 8 “Golden Rules” of workplace health, safety and environmental...more
An employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow from his shoulder, was dismissed for cause, an arbitrator has held. Unfortunately for the employee,...more
Employers who have bona fide reasons for dismissing an employee should avoid using “not the right fit”. They should also show up at Ontario Labour Relations Board hearings. An employer that dismissed an employee hours after a...more
An employee’s demand for a bonus and assertion that his employment relationship would not be “fruitful” and that his employer could fire him, was the reason for his dismissal, a court has decided. The dismissal was not...more
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
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
A new Ontario Bill will give unpaid trainees the protection of the Occupational Health and Safety Act. The OHSA currently gives that protection to paid workers only.
The current definition of “worker” under the OHSA...more
An employee who was fired one day after complaining to the Ministry of Labour that she felt threatened by “disgruntled and aggressive clients” was entitled to damages for the retaliatory discharge, the Ontario Labour...more
An employee at an isolated camp in the Northwest Territories who assaulted and threatened his supervisor was dismissed for just cause, an adjudicator has decided.
The employee was an equipment operator at a mine site....more
The B.C. Court of Appeal has upheld the for-cause termination of a supervisor who used text messages to solicit and obtain drugs from an employee under his supervision. Safety was one of the supervisor’s responsibilities in...more
An employee who lied to and misled her employer about her ability to perform her work as a reporter, was fired for just cause, and arbitrator has held.
The employee severely injured her ankle while skydiving “on...more
A professional engineer who engaged in an “over the top, aggressive” argument with an established member of management, has lost his safety-retaliation case at the Ontario Labour Relations Board....more
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
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
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
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
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
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
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
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
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