Obstructed-View Forklift Accident Lands Employee Five-Day Suspension
An employee who drove a loaded forklift in the forward direction with his view obstructed was properly issued a five-day […]
Caselaw Developments
Drunken Picket Line Threat to “Shoot Everyone” Did Not Warrant Dismissal: Ontario Arbitrator
A mining employee who consumed alcohol and uttered threats on a picket line was not properly dismissed, as his threats […]
Employer May Not Delegate Authority over Safety to Joint Health and Safety Committee: Arbitrator
An Ontario arbitrator has held, in dismissing a union grievance, that it would be illegal for an employer to delegate […]
“Toning Footwear” Improperly Banned by Employer for Safety Reasons: Arbitrator
A British Columbia arbitrator has held that an employer violated its collective agreement by banning the wearing of “Toning Footwear” […]
No Second-Hand Smoke Damages under Safety Clause of Collective Agreement: Ontario Court
The Ontario Divisional Court has upheld an arbitrator’s decision that a collective agreement provision requiring the employer – two Ontario […]
Should Appeals of Safety Compliance Orders be Stayed While Charges are Outstanding?
A recent Ontario Labour Relations Board decision suggests that employers’ appeals of Ministry of Labour compliance orders should not proceed […]
Faced with Costly Safety Compliance Orders? “Competitive Disadvantage” Argument Rejected by OLRB
Employers faced with costly Ministry of Labour compliance orders, that have not been issued to competitors, are often concerned that the […]
Drivers’ Cell Phone Alibis Being Rejected by Court: “It was a Garage Door Opener”
A recent decision of the Ontario Court of Justice indicates that courts are clamping down on drivers accused of using […]
Fire Department Not Guilty of Remaining OHSA Charge: Caution Required When Scrutinizing Emergency Responders under OHSA, Decision Suggests
In a decision which suggests that fire departments faced with emergencies ought not to be judged too severely with hindsight […]
Employee Dismissed After His Psychiatrist Discloses Workplace Violence Threat Made in Treatment Session
In an unusual case, a psychiatrist has decided to disclose, to an employee’s employer and the police, a threat made […]
Misled by Authorities, Defendant Beats Charge: Doctrine of “Officially Induced Error” Applies
Although “officially induced error” – being misled by authorities – is a defence to many types of charges including those […]
Directors’ Liability for Safety: Not just Small-Company Directors are at Risk in Ontario
In an unusual development, a director of a medium-sized company has been personally found guilty and fined under the Occupational […]