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Dentons Canadian Occupational Health & Safety Law

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Adrian Miedema

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Arbitrator may order change to hours, location of doctor who sexually-harassed hospital nurse

Where a doctor has sexually harassed a nurse, a labour arbitrator has authority to decide how close the doctor should be […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues

Safety committee members lose claims that employer retaliated against them

Disciplinary letters issued to three members of a safety “Policy Committee” were not retaliatory under the Canada Labour Code, the […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Violence and Harassment

Supreme Court denies chronic stress WCB claim after employee reacted to disciplinary letter

The Supreme Court of Canada has denied an employee’s claim for workers’ compensation benefits for “chronic stress” which he said […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Company fined $25,000 for operating electrical contracting business without license under Electricity Act after apprentice injured

An electrical contractor has been convicted and fined for carrying on an electrical contracting business without being licensed under the […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

$50,000 fine after trip-over-cord accident shows employers must listen to safety committee recommendations

A nurse’s trip over a cord has landed a hospital a $50,000 fine, where the joint health and safety committee […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

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 […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Supervisor who solicited and procured drugs from employee was fired for cause

The B.C. Court of Appeal has upheld the for-cause termination of a supervisor who used text messages to solicit and […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

“Everyone just knew” was not a defence to OHSA charges: court

An employer’s assertion that “everyone just knew” the safety rules, was not a defence to charges under the Occupational Health […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Caselaw Developments
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

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 […]

By Adrian Miedema
  • Caselaw Developments
  • Other Safety Developments

Disabled employee who lied about ability to work was fired for cause

An employee who lied to and misled her employer about her ability to perform her work as a reporter, was fired for […]

By Adrian Miedema
  • Amendments to Safety Laws
  • Safety Professionals - Practice Issues

Ontario announces new JHSC certification training standards, refresher requirements

The Ontario Ministry of Labour has announced that new “JHSC Certification Training Standards” will come into effect in early 2015.  […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Adjudicator’s award was shaming of union officials for “ongoing campaign”, harassment of member which breached duty of fair representation

A union member has won a legal battle against local union officials after they engaged in a “campaign” against him that […]

By Adrian Miedema

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