Gossip, Personality Conflicts were not Harassment under Ontario OHSA: OLRB
The Ontario Labour Relations Board has dismissed a reprisal complaint under the Occupational Health and Safety Act because the employee’s […]
Caselaw Developments
Disability-Management Specialist Facing Human Rights Complaint; Tribunal Grants Access to Health Files
A disability-management specialist working for the Toronto Transit Commission is facing a human rights complaint. The complaint alleges that the specialist, […]
Lawyer’s Bullying/Harassment Investigation Report Not Privileged: Care Needed When Using Lawyer as Investigator
An Ontario labour arbitrator has decided that a hospital’s lawyer’s investigation report into a bullying/harassment complaint was not privileged, so […]
“But They Charged the Wrong Company!” Sorry, You Will Still Have to Go Through a Trial
In a case involving an environmental prosecution, an Ontario justice of the peace has concluded that a “wrong company has […]
Is Comfort an Employee Right Under OHSA? Ontario Arbitrator Seems to Say Yes
An Ontario arbitrator has interpreted the Occupational Health and Safety Act to require Loblaws to provide anti-fatigue mats to self-checkout […]
Inspector’s Request for Documents was not “Unreasonable Search and Seizure”
An Ontario Justice of the Peace has rejected a roofing company’s argument that a Ministry of Labour inspector’s request that […]
Bill 168 Update: OLRB Will Not Hear Harassment-Reprisal Complaint Under OHSA
In previous posts, we reported that the Ontario Labour Relations Board had expressed doubt about whether it has jurisdiction to […]
Neglect of Bill 168 forms Basis for Reprisal Complaint
Arguing that his “termination would not have happened” had his employer complied with Bill 168 and thus addressed his harassment […]
Safety Co-Ordinator who “Assumed a Passive Role” Convicted under OHS Act
An Occupational Health and Safety Co-ordinator has been found guilty of a violation of Nova Scotia’s Occupational Health and Safety […]
Acquittal of U.S. Corporate Counsel Shows Importance of Outside Advice in Safety Investigations
A U.S. judge has acquitted an in-house lawyer on obstruction charges, in part because she consulted widely with outside counsel. […]
Threats are “Violence” Post-Bill 168: Firing of Long-Term Employee Upheld
Workplace threats are now “violence” in Ontario and justify strong discipline, the decision of an Ontario arbitrator suggests. Bill 168 […]
Safety Charges Reinstated after Errors Sent Case “Off the Rails”
An Ontario Superior Court judge has reinstated an Occupational Health and Safety Act prosecution that “went off the rails” because of […]