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Caselaw Developments

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  • 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
  • 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
  • Caselaw Developments
  • Violence and Harassment

Professional engineer with “significant safety background” who sent “abhorrent e-mails”, loses safety-retaliation case

A professional engineer who engaged in an “over the top, aggressive” argument with an established member of management, has lost […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Seat Belt Offence not “Absolute Liability”, Appeal Court Decides

A driver’s failure to wear a seat belt, which is an offence under the Ontario Highway Traffic Act, is not […]

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

Worker, Caught by MOL Inspector, Given Significant Fine for Safety Violation

An Ontario construction worker has been fined $1,500.00 after jumping from a hoist tower to a nearby roof.  Unfortunately for […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Not Harassment to Remind Nurses of Professional Obligations, Arbitrator Says

It was not “harassment” for a manager to mention the College of Nurses of Ontario and remind nurses of their […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Not Quite an Eye for an Eye – Judge rules that Employee’s “Kick in the Butt” Excuses Co-Worker’s Punch in the Mouth

Does a “kick in the butt” excuse a punch in the mouth? That was the question facing the Court in […]

By Andy Pushalik
  • Caselaw Developments
  • Government Safety Investigations
  • Safety Professionals - Practice Issues
  • Violence and Harassment

MOL Inspector’s “Unclear” Order Required School Board to Revise its Workplace Violence Policy

A Ministry of Labour inspector has ordered an Ontario school board to revise its workplace violence policy, and the Ontario […]

By Adrian Miedema

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