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

Run over by shoplifter in parking lot, retail employee may sue employer and supervisor despite having WSIB coverage

A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, was not entitled to WSIB benefits and could sue the employer and a supervisor in the courts for her injury....more

2/24/2015 - Canada Parking Lots Retailers Workplace Injury Workplace Violence

False assault allegation against supervisor was just cause for dismissal: video evidence was conclusive

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

2/5/2015 - Canada Hiring & Firing Video Recordings Workplace Violence

“Don’t worry about me, I carry weapons”: employee’s violent statements warranted serious discipline but not dismissal

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

8/27/2014 - Adverse Employment Action Canada Employer Liability Issues Employer No-Weapons Policies Hiring & Firing Workplace Violence

“Red flags” were used to assess workplace violence threat; employer’s request for psychiatric assessment was justified

The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of “red flags” which included a comment, “Do you want me to die?”...more

8/6/2014 - Canada Safety Precautions Workplace Violence

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

MOL Inspector’s “Unclear” Order Required School Board To Revise Its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario Labour Relations Board has suspended that Order, calling it “unclear”....more

4/17/2014 - Canada OHSA Public Schools Safety Precautions Workplace Injury Workplace Violence

Company Director Fined $8,500 After Swearing At MOL Safety Inspector, Making Threatening Gestures And Telling Inspector To Leave...

Corporate directors can be charged by the Ontario Ministry of Labour and fined under the Occupational Health and Safety Act. Threatening and swearing at a Ministry of Labour inspector certainly increases the odds of charges...more

3/25/2014 - Canada OHSA Workplace Violence

Attack On Co-Worker Who Warned Of Unsafe Behaviour Gets Employee 4 Years In Prison

An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years. CBC News reported that the employee was training a coworker on the use of heavy equipment, and that after the...more

11/14/2013 - Assault Canada Safety Precautions Sentencing Workplace Violence

Workplace Violence And Harassment Top MOL Orders In Blitz

Workplace violence and harassment was the most common category of compliance orders made by Ontario Ministry of Labour inspectors in a recent compliance blitz in the manufacturing sector....more

3/19/2013 - Canada Harassment OHSA Workplace Violence

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

When Is An MOL Notice Of Workplace Accident Required? Ontario Court Of Appeal Clarifies

Many Ontario employers will be relieved by an Ontario appeal decision that clarifies – and limits – the obligation to report workplace accidents to the Ontario Ministry of Labour. “[I]t is not part of the purpose and...more

2/11/2013 - Ministry of Labour Notice of Accident OHSA Workplace Hazards Workplace Injury Workplace Violence

Ontario MOL’s Winter Safety Blitzes

Ontario Ministry of Labour inspectors are conducting a winter safety blitz looking for the following...more

1/22/2013 - Harassment Ministry of Labour Safety Laws Safety Precautions Workplace Hazards Workplace Violence

“I Should have Brought A Gun To Shoot Her” Comment Was Not Workplace Violence: Ontario Arbitrator

In a surprising decision, an Ontario arbitrator has decided that a picketing employee’s comment to his fellow picketers that “I should have brought a gun to shoot” a company security officer, who was nearby and overheard the...more

1/10/2013 - OHSA Workplace Violence

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