Adrian Miedema

Adrian Miedema

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Filed Late, Appeal Of Inpector’s Order Dismissed

A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders. The OLRB confirmed that that it had no authority to hear late-filed appeals....more

4/8/2014 - Canada OLRB

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

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

OLRB Has No Authority To Order Government Investigation Of Safety-Reprisal Complaint

The Ontario Labour Relations Board has held that it has no authority to order the Ontario Ministry of Labour to conduct an investigation into an employee’s safety-reprisal complaint, nor could the OLRB base its decision on...more

11/19/2013 - Canada Investigations OLRB Safety Violations Workplace Hazards

Inspector’s Opinion Beat Engineer’s In Request To Suspend OHSA Compliance Order

The Ontario Labour Relations Board has deferred to the opinion of a Ministry of Labour inspector over that of an engineer in refusing to suspend a compliance order issued by the inspector under the Occupational Health and...more

10/3/2013 - Appeals Canada Compliance Order OHSA OLRB Safety Precautions

Excessive Hours Of Work Could Be Safety Issue: OLRB

Working excessive hours could pose a safety issue, the Ontario Labour Relations Board has held in refusing to dismiss a complaint that the employee was fired in retaliation for raising safety issues. ...more

9/24/2013 - Canada Duty Hours OLRB Safety Precautions Wage and Hour

Employer Violated Workplace Violence Law: Ontario Arbitrator

An Ontario arbitrator has found that an employer violated Bill 168 which introduced workplace violence provisions into Ontario’s Occupational Health and Safety Act....more

2/19/2013 - Anti-Harassment Policies Arbitration Damages OHSA OLRB Posting Requirements Workplace Violence

Despite Possible OHSA Charges, Employer’s Appeal Of MOL Inspector’s Order May Proceed

An employer’s appeal of a Ministry of Labour inspector’s compliance orders may proceed, despite the inspector’s ongoing investigation into possible charges, the Ontario Labour Relations Board has ruled....more

2/14/2013 - Compliance Minister of Labour OHSA OLRB Protective Gear Safety Inspections Safety Training

Work Refusal Process May Not Be Used To Challenge Employer’s Established Practices: OLRB

In a long-running and bitterly-fought case involving prison guards, the Ontario Labour Relations Board has held that the work refusal process under the Occupational Health and Safety Act may not be used to challenge existing...more

2/5/2013 - Ministry of Labour OHSA OLRB Prison Guards Refusal to Work Safety Precautions

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