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Another lesson about clarity in settlements: employer may file WSIB appeal after mediated settlement, despite union’s objection

An employer’s appeal challenging a departed employee’s workers’ compensation entitlements may proceed, despite being filed after the employer, union and […]

By Adrian Miedema
  • Caselaw Developments
  • Government Safety Investigations

Cost of compliance with safety officer’s order could cause serious economic harm to company: Appeals Tribunal

A safety officer’s compliance order has been suspended where the cost of compliance would be so high that it could […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Worker awarded WSIB benefits after health and safety officer “grabbed him and threw him to the ground”

In an unusual case, a construction site superintendent has won entitlement to workers compensation benefits after persuading an appeals tribunal […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Injured Worker’s Act was Not Foreseeable: OHSA Charges Against Employer Dismissed

Recently, an Ontario court dismissed Occupational Health and Safety Act charges against an employer where the injured worker’s unexpected and […]

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
  • Violence and Harassment

“Classic bullying” in company washroom, “which is the traditional hang out of bullies”, lands employee three-day suspension

A 6’2′, 300-lb employee’s hostile, intimidating comment to a smaller co-worker in the company washroom was just cause for a […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Even “inspecting” equipment is “working on it”: employer guilty of OHSA charge where employees had not even started maintenance work

A maintenance electrician had “worked on” a stuck shipping door when he simply “inspected” it, even though he had not […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

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 […]

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

Manager 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 […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management

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 […]

By Adrian Miedema
  • Caselaw Developments

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 […]

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

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. […]

By Adrian Miedema

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