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“Discussing inappropriate personal matters at work”, aggressive conduct, gets employee fired for cause

An employee on a “last-chance” agreement was fired for cause for his “aggressive, condescending and rude” behaviour including discussing sensitive […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Two superintendents fined for OHSA violations in scissor lift fatality

Two superintendents have been found guilty of offences under Ontario’s Occupational Health and Safety Act and fined $4,000 each after […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

Employee guilty of “reckless” speeding in mine trolley: dismissal upheld

Unsafe operation of equipment is an easy way to get dismissed or charged with Occupational Health and Safety Act – […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

“Zero tolerance” policy on drugs in workplace upheld by human rights tribunal where employee did not have “marijuana card”

An employee who smoked marijuana on the job without legal and medical authorization was not discriminated against when dismissed under […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations
  • Prosecutions / Charges

MOL engineer not qualified to give expert evidence: he was too involved in the investigation, too closely identified with prosecution at trial

An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as […]

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

FOI adjudicator denies access to MOL inspector’s reasons for recommending no OHSA charges against employer

An adjudicator with the office of Ontario’s Information and Privacy Commissioner has denied access to a Ministry of Labour inspector’s […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

“Ill-conceived, poorly-executed” job search, “Alberta sojourn” breached Ontario employee’s duty to mitigate damages in OHSA-retaliation case

Even though an employee “won” his safety-retaliation case under the Occupational Health and Safety Act after his employer failed to […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA

Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a […]

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

Employer permitted to use “cumbersome” two-page sick leave medical form implemented after STD costs increase, arbitrator rules

An employer’s introduction of a new two-page sick leave medical form did not violate the collective agreement, a labour arbitrator […]

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

Arbitrator strikes down employer’s total ban on smoking during shift

An employer went too far when it banned smoking by employees during their shift, including during breaks and off the […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Project Manager for Metron Construction convicted of criminal negligence in Christmas Eve fatalities. Three individuals and two companies now convicted

The project manager who supervised the four workers who died after a swing stage scaffold collapsed on Christmas Eve, 2009, […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

“Creative sentence” imposed for OHSA violation: company must give 150 hours of safety presentations on case, plus pay fine

A Nova Scotia court has imposed a “creative sentence” for a violation of the Occupational Health and Safety Act, requiring […]

By Adrian Miedema

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