Skip to content

Brought to you by

Dentons logo in black and white

Dentons Canadian Occupational Health & Safety Law

Keeping you current on OHS Laws and Developments in Canada.

open menu close menu

Dentons Canadian Occupational Health & Safety Law

  • Home
  • About Us

Armoured car employee’s work refusal due to Christmas crowds was not justified

By Adrian Miedema
April 20, 2018
  • Caselaw Developments
  • Safety - Risk Management
  • Violence and Harassment
Share on Facebook Share on Twitter Share via email Share on LinkedIn

A federal adjudicator has decided that an armoured car worker was not justified in refusing to do a “run” at a mall because of the crowds during the Christmas shopping season.

The employee claimed that due to crowds, he was unable to maintain a “21 foot perimeter” when he went into the mall, crowded with Christmas shoppers, and that that put him at increased risk of a robbery.  He therefore argued that under the Canada Labour Code, he was justified in refusing to work.

The adjudicator rejected the employee’s argument, finding that the evidence had not proven that there were serious crowds at the mall in the morning when he did the “run”. Further, there  had not been a robbery at the particular shopping centre in the last 10 years.  The adjudicator concluded that the employee was not exposed to an imminent or serious threat to his life or health.  Therefore his work refusal was not justified.

The adjudicator’s decision may be read here.

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

All posts Full bio

RELATED POSTS

  • Caselaw Developments
  • Violence and Harassment

Arbitrator finds employer violated OHSA workplace-violence obligations

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Company owner convicted, fined under OHSA for failing to co-operate with MOL inspector

A widely-reported fire at a Kingston construction site that required the evacuation of a crane operator by helicopter, has resulted […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations
  • Safety - Risk Management

Faced with Costly Safety Compliance Orders? “Competitive Disadvantage” Argument Rejected by OLRB

Employers faced with costly Ministry of Labour compliance orders, that have not been issued to competitors, are often concerned that the […]

By Adrian Miedema

About Dentons

Redefining possibilities. Together, everywhere. For more information visit dentons.com

Grow, Protect, Operate, Finance. Dentons, the law firm of the future is here. Copyright 2023 Dentons. Dentons is a global legal practice providing client services worldwide through its member firms and affiliates. Please see dentons.com for Legal notices.

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • COVID-19
  • General
  • Government Safety Investigations
  • International Standards
  • Occupational Health and Safety
  • Other Safety Developments
  • Prosecutions / Charges
  • Safety – Risk Management
  • Safety Professionals – Practice Issues
  • Violence and Harassment

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo in black and white

© 2025 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site