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Canadian Occupational Health & Safety Law

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“I guess I’d have to kill you” remark could not reasonably have been interpreted as a “viable threat”: fired worker entitled to ESA termination pay

A worker’s comment that “I guess I’d have to kill you” was clearly inappropriate but did not constitute wilful misconduct […]

By Adrian Miedema
  • Safety - Risk Management
  • Violence and Harassment

When public perception and the law differ: man fired for heckling TV reporter at soccer game is rehired after arbitration process

Just because members of the public call for the firing of an employee for yelling sexual taunts at a TV […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

OHSA duties did not require employer to issue public response to “smear campaign” against non-racialized jail employees: adjudicator

An adjudicator has held that the Occupational Health and Safety Act‘s “general duty” clause did not require an employer to […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Sexual joke was “worse than the usual sexual humour of the workplace”: hydro employee was fired for cause

A hydro worker’s sexual harassment of a co-worker, including an offensive sexual joke, justified his dismissal, the Ontario Labour Relations […]

By Adrian Miedema
  • Caselaw Developments
  • Safety Professionals - Practice Issues
  • Violence and Harassment

OLRB orders employer to reinstate apartment building superintendent allegedly fired for reporting workplace violence

The Ontario Labour Relations Board has ordered an employer to reinstate an apartment building “office administrative superintendent” who alleged that […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Employee properly fired for workplace violence threats, despite his mental disability: Appeal Court

An employee’s mental disability, unknown to his employer at the time of dismissal, played no role in the reason he […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Snowplow driver dismissed due to two accidents, not workplace violence “head-butting” complaint

A snowplow driver’s bad driving record, not his workplace violence complaint, was the reason for his dismissal, the Ontario Labour […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“Discussing inappropriate personal matters at work”, aggressive conduct, gets employee fired for cause

An employee on a “last-chance” agreement was fired for cause for his “aggressive, condescending and rude” behaviour including discussing sensitive […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA

Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Worker awarded WSIB benefits after health and safety officer “grabbed him and threw him to the ground”

In an unusual case, a construction site superintendent has won entitlement to workers compensation benefits after persuading an appeals tribunal […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“Classic bullying” in company washroom, “which is the traditional hang out of bullies”, lands employee three-day suspension

A 6’2′, 300-lb employee’s hostile, intimidating comment to a smaller co-worker in the company washroom was just cause for a […]

By Adrian Miedema
  • Violence and Harassment

36-year employee properly dismissed for “unprovoked momentary outburst” with knife

A 57 year old employee with 36 years of service was properly fired for one incident in which he cut […]

By Adrian Miedema

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