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 […]
Caselaw Developments
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 […]
Bizarre Lunchroom Video Stunt Lands Dismissal: Employer’s Safety Reputation Prejudiced
It is rare that the facts of a dismissal case are so bizarre as to be shocking, but this is […]
No Reprisal for Harassment under Ontario OHSA
A vice-chair of the Ontario Labour Relations Board has suggested, without finally deciding the point, that the OLRB has no authority […]
Engineer’s Report Not Satisfactory: Must State “Not Likely to Endanger a Worker”
The Ontario Labour Relations Board has held that an engineer’s report that did not use the words, “not likely to endanger […]
Material Handling Conviction Overturned: Truck not Handling Material
The Ontario Court of Appeal has dismissed a “material handling” prosecution involving a road vehicle that was not actually or […]
“Construction Manager” was Constructor on Project, Despite use of New “Model”
A new “model” of construction, where a “construction manager” was used instead of a “traditional general contractor”, did not insulate […]
Employee’s Statement to MOL Inspector Thrown Out
Employers often ask us whether their employees can be forced to give a statement to an Ontario Ministry of Labour […]