Company that “met or exceeded many industry standards in its operations” still found guilty of OHSA charges
Exceeding industry standards does not, on its own, protect employers from health and safety convictions or fines, a recent court […]
Adrian Miedema
Full bioManager was not a “competent person” to conduct harassment / violence investigation under Canada Labour Code: Court
The Federal Court has held that a manager was not a “competent person” to conduct a workplace harassment investigation under […]
Aggravated damages awarded under OHSA for retaliatory firing
An employer has been ordered to pay aggravated damages – in addition to lost wages – after firing an employee […]
OHSA does not protect against retaliation for merely sustaining injury: OLRB
The Occupational Health and Safety Act may protect employees against retaliation for asserting their rights under that Act, but not […]
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. […]
“Flagrant disregard” of OHSA, failure to report, gets construction company convicted on 5 OHSA charges
A construction company that tried to blame a worker’s fall on his untied boots, has been found guilty of all […]
OHSA charges were adequately particularized, court finds: disclosure showed violations Crown intended to prove
A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that […]
“Who is a supervisor?” Ontario Ministry of Labour releases guideline
Employers often struggle with the question of who is a “supervisor” under the Ontario Occupational Health and Safety Act. The […]
Constructor made mistake of law, not fact: convicted of OHSA charge
A constructor that argued the “mistake of fact” due diligence defence was instead found to have made a “mistake of […]
Mere posting of standard operating procedure was not enough: OLRB refuses to suspend MOL inspector’s training order
Employers often post new procedures in the workplace without providing formal training. A recent decision of the Ontario Labour Relations […]
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 […]
Having an active joint health and safety committee can help employers defend against OHSA charges, court decision suggests
An Ontario court has dismissed charges under the Occupational Health and Safety Act after two incidents which the joint health and safety […]