Previously printed in the LexisNexis Labour Notes
Newsletter.
Most employers are aware that the health and safety of their
workers is one of the most important considerations on a
worksite. Across Canada, warnings have been issued to
employers and their directors that accountability for workplace
accidents and especially fatalities is increasing. However,
in the recent decision of Ontario (Labour) v. New Mex
Canada Inc., 2019 ONCA 30, the Ontario Court of Appeal upheld
a lower court's decision to overturn two jail sentences for
directors following a workplace fatality.
In this case, an employee of New Mex Canada Inc. tragically fell
off an elevated platform to his death when he was attempting to
retrieve merchandise in a furniture warehouse. The employee
was not provided with fall protection equipment or safety work
boots, and there was no protective railing on the order picker
platform where he stood while working. The employer knew in
this case that the
