Adrian Miedema

Adrian Miedema

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Work-refusing employee did not have right to delay investigation for 2 hours until her preferred union representative could attend

A correctional officer did not have the right to delay her employer’s investigation of her work refusal for two hours while her preferred union representative attended to “personal” matters. The correctional officer’s...more

11/16/2016 - Canada OLRB Union Representatives Unions

After being told that she should just “quit” if she felt unsafe, dismissed employee awarded $15,000 in damages

A charity has been ordered to pay a dismissed employee $15,000 in damages after dismissing her shortly after she had raised safety issues, in violation of the Occupational Health and Safety Act. The charity ran retail...more

11/3/2016 - Adverse Employment Action Canada Charitable Organizations Damages Demotions Hiring & Firing OHSA OLRB Pain and Suffering Retaliation Termination Workplace Safety

OLRB dismisses union’s “fishing expedition” in safety case: documents requested from MOL and employer were not arguably relevant

The Ministry of Labour and the employer were not required to hand over certain documents requested by the union in a safety dispute, the Ontario Labour Relations Board has decided. The issue in dispute was whether the...more

10/12/2016 - Canada Document Productions Ministry of Labour OLRB Unions Workplace Safety

“Competent supervisor” obligation relates to competence in safety, not in performance management: OLRB dismisses OHSA retaliation...

A laid-off worker’s safety-retaliation complaint under the Occupational Health and Safety Act has been dismissed because it was really a complaint about management’s assessment of his performance – not about safety....more

9/20/2016 - Adverse Employment Action Canada Dismissals Hiring & Firing Lay-Offs OHSA OLRB Retaliation

Reverse burden of proof sinks no-show employer: OLRB awards more than $25,000 for safety-reprisal

An employer that failed to attend a safety-reprisal hearing has been ordered to pay two employees damages of more than $25,000.00. The employees filed an application with the Ontario Labour Relations Board claiming that...more

6/9/2016 - Canada Hiring & Firing OHSA OLRB Retaliation Workplace Safety

Teachers’ union fighting for right to refuse work due where students violent

A student’s violent acts in a classroom have led to a dispute about the circumstances in which teachers may engage in a work refusal for safety reasons. The student was described as having a “history of violent behavior”.  He...more

3/3/2016 - Canada Educational Institutions OHSA OLRB Students Teachers Workplace Safety Workplace Violence

“Industry standard” is not always appropriate safety precaution, and MOL inspector’s “gut instinct” is not enough to ground...

A mining company has won a lengthy dispute with the Ontario Ministry of Labour after satisfying the Ontario Labour Relations Board that the applicable “industry standard” was not appropriate in the case at hand. The...more

1/7/2016 - Canada Inspections Mining OHSA OLRB Workplace Safety

OLRB orders employer to reinstate apartment building superintendent allegedly fired for reporting workplace violence

The Ontario Labour Relations Board has ordered an employer to reinstate an apartment building “office administrative superintendent” who alleged that she was fired after reporting that her husband, the maintenance...more

9/15/2015 - OLRB Reinstatement Workplace Violence Wrongful Termination

Snowplow driver dismissed due to two accidents, not workplace violence “head-butting” complaint

A snowplow driver’s bad driving record, not his workplace violence complaint, was the reason for his dismissal, the Ontario Labour Relations Board has decided. Vehicle safety and safe road conduct were important to the...more

9/3/2015 - Hiring & Firing OLRB Retaliation Workplace Safety

“Ill-conceived, poorly-executed” job search, “Alberta sojourn” breached Ontario employee’s duty to mitigate damages in...

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

7/14/2015 - Duty to Mitigate Hiring & Firing Lost Wages OHSA OLRB Retaliation

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

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 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 Safety Precautions

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