Adrian Miedema

Adrian Miedema


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36-year employee properly dismissed for “unprovoked momentary outburst” with knife

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

4/21/2015 - Canada Hiring & Firing Termination Workplace Violence

No punches thrown, but employee properly dismissed for yelling, swearing and abusive conduct

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

3/24/2015 - Arbitration Employment Policies Hiring & Firing Termination Workplace Violence

Trucker who punched customer in the mouth was fired for cause

One would think it self-evident that employees who punch a customer’s employee in the face may be dismissed for just cause. But it took an appeal for an employer to win on that issue. The employee was a truck driver...more

10/15/2014 - Assault Canada Termination Trucking Industry

Employee Dismissed for Demanding Bonus and Saying that Employer “Could Fire Him”, Not For Raising Safety Concerns, Court Decides

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

10/1/2014 - Canada Hiring & Firing OHSA Retaliation Safety Precautions Termination

“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

Threat, assault on supervisor were just cause for dismissal at isolated mine in NWT with “zero tolerance” violence policy

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

6/12/2014 - Assault Hiring & Firing Mining Termination Workplace Violence Zero Tolerance Policies

Supervisor who solicited and procured drugs from employee was fired for cause

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

6/10/2014 - Appeals Hiring & Firing Illegal Drugs Termination Workplace Safety

Disabled Employee Who Lied About Ability To Work Was Fired For Cause

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

5/22/2014 - Arbitration Canada Disability Hiring & Firing Termination

Zero-Tolerance “Safety Absolute” Upheld: One Tie-Off Violation Gets Employee Fired For Cause

Zero-tolerance safety rules, often called “Life Saving Rules”, “Cardinal Safety Rules” or ”Safety Absolutes”, are becoming more common in industry. An arbitrator has now upheld the firing of a unionized employee for one...more

3/27/2014 - Canada OHSA Safety Precautions Termination Zero Tolerance Policies

Marijuana Possession And Use At Work Justified Dismissal, Despite Employee’s “Drug Problem”

A mining company employee was properly dismissed for possessing and using marijuana at work, a labour arbitrator has held. And the employee had not proven that he had a drug problem that required the employer to accommodate....more

3/20/2014 - Drug Possession Marijuana Termination

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

“Simmering Ball Of Negativity” Dismissed After Threatening Statements

An arbitrator has upheld the dismissal of a city “traffic operations” employee for threatening statements, a racist comment and one incident of dangerous and aggressive driving....more

7/18/2013 - Arbitration Public Employees Race Discrimination Termination Threat Management

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

“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

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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