“Simmering Ball of Negativity” Dismissed After Threatening Statements
An arbitrator has upheld the dismissal of a city “traffic operations” employee for threatening statements, a racist comment and one […]
Caselaw Developments
Part-Owner of Company Convicted, Fined Personally under OHSA
Company owners are not immune from potential convictions and fines under workplace safety laws. A part-owner of a company has […]
Ship’s Navigator Sentenced to Four Years for Criminal Negligence
A B.C. ship’s navigator has been sentenced to four years after he was convicted of criminal negligence causing death for […]
Man Criminally Guilty of Dangerous Operation of Farm Tractor
This case is of the “you thought you had heard everything” variety. An Ontario man has been found guilty under […]
SCC Rules on Random Alcohol Testing at Pulp and Paper Mill
On June 14, 2013, the Supreme Court of Canada released its highly anticipated decision in Communications, Energy and Paperworkers Union […]
Employee did not have Duty to Intervene to Stop Fight: Court
Does an on-shift-employee have a duty to intervene to stop a fight between members of the public – or between […]
Mere Smell of Marijuana was not Enough: Employee was Entitled to Refuse Drug Test, says Court
An employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the […]
E-mails Sink Employer in Safety-Retaliation Case: “Carefully Chosen Ruse” Found
An employer’s internal e-mails showed that a “professional standards investigation” conducted on an employee was actually a retaliation for the […]
Unremorseful Sexual Harasser was Fired for Cause: Court Reproves Arbitrator
An unremorseful mail room clerk’s sexual harassment and grabbing of a contract worker was just cause for dismissal, the Ontario […]
Self Described “Happy Drunk” with Sleep Apnea was not Disabled: Adjudicator
“Not every ailment amounts to a disability”, an adjudicator has held, in dismissing an employee’s grievance. Employers who often wonder […]
Safety Professional was Unionized Position: Arbitrator
An employer has been unsuccessful in its bid to keep a newly-created “capital safety planner” position out of a union […]
Angry Confrontation of Employee by a Manager Could be Safety Issue: OLRB
In what appears to be a departure from a growing line of cases, the Ontario Labour Relations Board has permitted […]