Impact Of Bill 168 On Terminations For Cause

Bill 168, the 2010 amendments to the Occupational Health and Safety Act recognized the importance of maintaining workplaces free from violence and harassment and required employers to develop and implement workplace violence and harassment policies. This article will explore how Bill 168 has influenced court and arbitral decisions where employees have been terminated without notice following an incident of workplace violence.

SHAKUR V. MITCHELL PLASTICS, 2012 ONTARIO SUPERIOR COURT¹

The Plaintiff, Wazir Shakur, was a 35-year-old machine operator who had worked for Mitchell Plastics for six years. He had a clean disciplinary record. On August 17, 2007, Mr. Shakur was involved in a verbal altercation with another employee of the Company. Witnesses described it as "trash talk". During the altercation, Mr. Shakur slapped the other employee across the face with his hand causing temporary redness. After an investigation, Mr. Shakur was dismissed without notice. He