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Violence and Harassment

  • 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
  • Caselaw Developments
  • Government Safety Investigations
  • Safety - Risk Management
  • Violence and Harassment

Manager was not a “competent person” to conduct harassment / violence investigation under Canada Labour Code: Court

The Federal Court has held that a manager was not a “competent person” to conduct a workplace harassment investigation under […]

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

No punches thrown, but employee properly dismissed for yelling, swearing and abusive conduct

An employee need not physically assault a co-worker in order to be dismissed for workplace violence, an arbitrator’s decision shows. […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Run over by shoplifter in parking lot, retail employee may sue employer and supervisor despite having WSIB coverage

A retail employee who helped pursue a shoplifter, in violation of the employer’s workplace violence policy, was not entitled to WSIB benefits […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“If you think your salary is low . . .”: employer’s presentation was “offensive, distasteful and inappropriate as a motivational tool”, but not illegal

An adjudicator has criticized an employer’s motivational presentation as “offensive, distasteful and inappropriate as a motivational tool”, but found that […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

False assault allegation against supervisor was just cause for dismissal: video evidence was conclusive

An employee who filed a written complaint, falsely alleging that his supervisor deliberately ran into him with a sharp blow […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

OLRB Agrees to Hear Another Harassment Case

The debate continues as to whether the Ontario Labour Relations Board has jurisdiction to hear harassment-reprisal complaints under the Occupational […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Persistent mockery, intimidation of supervisor was “juvenile and unworthy of a 12 year old”, warranted 6-month suspension of long-term employee

An employee’s persistent mockery and intimidating conduct towards a supervisor warranted a 6-month suspension, an arbitrator has held. The employee’s […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

Fake e-mail to other employees results in criminal mischief conviction

An Ontario employee has been convicted of criminal mischief after sending a fake e-mail to fellow employees, degrading another co-worker. […]

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

Court considers safety, fatigue of replacement workers in granting picketing injunction

A British Columbia judge has considered an employer’s concerns for the safety of replacement workers, in granting an injunction against […]

By Adrian Miedema
  • Caselaw Developments
  • Violence and Harassment

“An employee does not necessarily get one free sexual harassment before he loses his job”, says arbitrator in upholding dismissal for Facebook harassment, threats

An arbitrator has upheld the dismissal of a unionized employee for one incident of sexual harassment and threats on Facebook. […]

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

Trucker who punched customer in the mouth was fired for cause

One would think it self-evident that employees who punch a customer’s employee in the face may be dismissed for just […]

By Adrian Miedema

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