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
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
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
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
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
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
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
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
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.
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
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
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
An engineer’s inspection report must use the specific language “not likely to endanger a worker” in order to comply with the Occupational Health and Safety Act, an Ontario Labour Relations Board suggests.
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