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Dentons Canadian Occupational Health & Safety Law

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Caselaw Developments

  • Caselaw Developments

Employer’s Safety Concerns Were Not Sufficient to Avoid its Obligations Under its Collective Agreement

By Cristina Wendel
  • Caselaw Developments

After being told that she should just “quit” if she felt unsafe, dismissed employee awarded $15,000 in damages

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Appeal of MOL compliance order adjourned while related OHSA prosecution ongoing, despite City’s objection

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Federal employee has effective veto over appointment of “impartial” workplace violence investigator, as long as veto not exercised in “abusive” manner: Tribunal

By Adrian Miedema
  • Caselaw Developments

Alberta’s Workers’ Compensation Appeals Commission frees purchaser of the poor WCB record of the company it acquired

By Cristina Wendel
  • Caselaw Developments
  • Safety Professionals - Practice Issues

OLRB dismisses union’s “fishing expedition” in safety case: documents requested from MOL and employer were not arguably relevant

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

After accepting guilty plea, prosecutor cannot reargue trial court’s decision to exclude evidence of worker’s injury when setting fine

The Ministry of Labour cannot reopen a Justice of the Peace’s decision to exclude evidence that a worker was injured, […]

By Adrian Miedema
  • Caselaw Developments
  • Safety - Risk Management
  • Safety Professionals - Practice Issues

Men without hardhats: where freedom of religion loses out to workplace safety

Freedom of religion and the duty to accommodate within the workplace context is a highly important issue in Québec given […]

By Virginie Dandurand
  • Caselaw Developments

Worker entitled to asbestos records for government building he worked in, but not list of employees in building

A worker was entitled to asbestos records for the government building he worked in. However, he was not entitled to […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges

Safety topic was emphasized, not “buried in hundreds of power point slides”: employer establishes due diligence, not guilty in workplace fatality

A Saskatchewan employer has been found not guilty of six occupational health and safety charges after a worker died of […]

By Adrian Miedema
  • Caselaw Developments

“Competent supervisor” obligation relates to competence in safety, not in performance management: OLRB dismisses OHSA retaliation complaint

A laid-off worker’s safety-retaliation complaint under the Occupational Health and Safety Act has been dismissed because it was really a complaint […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Persistent “sexual annoyance” of five female coworkers gets employee fired for cause, despite late reporting of incidents

A shelter support worker’s persistent pattern of sexual comments to five female coworkers justified his dismissal for cause, despite the […]

By Adrian Miedema

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  • Violence and Harassment

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