Adrian Miedema

Adrian Miedema

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Arbitration board imposes 24-hour firefighter shift, despite employer’s safety concerns

An interest arbitration board has imposed a 24-hour shift for firefighters employed by the Ontario City of St. Catharines, despite the city’s strenuous objections based largely on safety concerns. The City and...more

8/27/2015 - Arbitration Firemen Unions Wage and Hour Work Schedules

Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA

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

7/9/2015 - Arbitration Collective Agreements Harassment Hiring & Firing OHSA Retaliation Temporary Employees Unions Workplace Bullying Wrongful Termination

Arbitrator Strikes Down Employer’s Total Ban On Smoking During Shift

Starting in January 2015, the employer – which manufactured wire and cable products – banned smoking anywhere on company property, including outside of the plant. Employees were also prohibited from leaving company property...more

7/1/2015 - Arbitration Canada Employer Liability Issues Employment Policies OHSA Smoking Bans Unions

Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and employee reached a settlement at mediation. The union had filed...more

6/18/2015 - Appeals Arbitration Employee Benefits Grievance Process Mediation OHSA Ontario Settlement Unions Wage and Hour Workers Compensation Awards Workplace Injury Workplace Safety WSIB

“If you think your salary is low . . .”: employer’s presentation was “offensive, distasteful and inappropriate as a motivational...

An adjudicator has criticized an employer’s motivational presentation as “offensive, distasteful and inappropriate as a motivational tool”, but found that it was not illegal. The presentation was delivered by a Regional...more

2/12/2015 - Canada CBAs OHSA Unions

Employee’s lack of knowledge of OHSA was factor in denying him promotion; employee’s grievance dismissed

An employee’s lack of knowledge of safety laws was a proper consideration in his employer’s decision to deny him a promotion, a labour arbitration board has decided. The employee, a unionized mechanic with the City of...more

9/12/2014 - Arbitration Canada Employee Rights OHSA Unions

MOL permits employer to have multi-workplace joint health and safety committee, union’s challenge dismissed

A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee. The Ontario Occupational Health and Safety Act...more

8/20/2014 - Canada Ministry of Labour OHSA Safety Precautions Unions

Government OHSA advisors must be licenced paralegals, court decides

Employees of Ontario’s Office of the Worker Advisor and Officer of the Employer Advisor who provide legal services relating to the Occupational Health and Safety Act must be licensed paralegals, an Ontario judge has decided....more

5/27/2014 - Canada Licensing Rules OHSA Paralegal Unions Workplace Safety

Safety Professional Was Unionized Position: Arbitrator

An employer has been unsuccessful in its bid to keep a newly-created “capital safety planner” position out of a union bargaining unit....more

5/9/2013 - Arbitration Canada Safety Precautions Unions

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

Union Asks Court To Initiate Safety Prosecution Against Employer

A union has taken the unusual step of asking the Federal Court to order the federal Minister of Labour to prosecute a company for alleged safety violations....more

1/31/2013 - Air Canada Internal Investigations Investigations Safety Laws Safety Violations Unions

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