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  • Article

    Arbitration Board Imposes 24-Hour Firefighter Shift, Despite Employer's Safety Concerns

    An interest arbitration board has imposed a 24-hour shift for firefighters employed by the Ontario City of St. Catharines, despite the city's strenuous objections based largely on safety concerns.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Attack On Co-Worker Who Warned Of Unsafe Behaviour Gets Employee 4 Years In Prison

    An employee who attacked a coworker who warned of safety issues, has been sent to prison for four years.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Bill Would Increase Fines, Prison Terms For Workers Compensation Offences In Manitoba

    The Manitoba government has proposed substantial increases to fines under the Manitoba Workers Compensation Act.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "Cardinal Rule" Safety Violation Warranted 6-Month Suspension, Last-Chance Order

    A millwright who violated his employer’s "Cardinal Rules" by committing a lock-out violation, deserved a six-month suspension and with a last-chance stipulation, an arbitrator has held.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Disability Management Company And Principals Not Guilty Of Making False Statement

    A disability management company charged under the Ontario Insurance Act with knowingly making false or misleading statements to an insurer has been found not guilty.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "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 personal matters at work.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "Don’t Worry About Me, I Carry Weapons": Employee’s Violent Statements Warranted Serious Discipline But Not Dismissal

    An electrician’s comment, "Don’t worry about me, I carry weapons" and "it would really feel good to kill something today" constituted workplace violence but did not warrant dismissal.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Employer Who Voluntarily Complied With MOL Inspector’s Orders Was Not Entitled To Suspension Of Orders Pending Appeal

    The Ontario Labour Relations Board has held that where an employer had complied with a Ministry of Labour inspector’s compliance orders under the Occupational Health and Safety Act, to the satisfaction of the MOL, the operation of the orders should not be suspended while the employer appeals the orders.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Entire Vehicle Was A "Workplace" Under OHSA Even When Only Transporting Employees, Says OLRB

    In a decision that affirms a broad definition of "workplace" under the Ontario Occupational Health and Safety Act, the Ontario Labour Relations Board has ruled that hydro trucks, including their aerial lift buckets, were "workplaces" under that Act even while they were simply being used to transport employees.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Excessive Hours Of Work Could Be Safety Issue: OLRB

    Working excessive hours could pose a safety issue, the Ontario Labour Relations Board has held in refusing to dismiss a complaint that the employee was fired in retaliation for raising safety issues.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Failed To Register With WSIB? New "Voluntary Registration" Policy May Provide Mercy

    Ontario’s Workplace Safety and Insurance Board has issued a new policy showing when the WSIB will punish employers that have not registered.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Federal Work Refusals Now Require "Imminent Or Serious Threat"

    Federal employers have a new definition of "danger" to apply, and an updated work refusal process to use, effective October 31, 2014.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Filed Late, Appeal Of Inpector’s Order Dismissed

    A recent Ontario Labour Relations Board decision illustrates the importance of timely filing of appeals of Ministry of Labour inspectors’ orders.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    HRTO Settlement Did Not Bar Employment Standards And OHSA Complaints Relating To Time Period After Settlement

    The Ontario Labour Relations Board has held that Minutes of Settlement signed in the settlement of an application at the Human Rights Tribunal of Ontario...
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Inspector’s Opinion Beat Engineer’s In Request To Suspend OHSA Compliance Order

    The Ontario Labour Relations Board has deferred to the opinion of a Ministry of Labour inspector over that of an engineer in refusing to suspend a compliance order issued by the inspector under the Occupational Health and Safety Act.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Majority Of OHSA Fines In $100,000 To $150,000 Range In Fatality Cases, Court Notes

    An Ontario Justice of the Peace has discussed the range of fines against employers convicted of charges under OHSA in regards to a workplace death.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Mere Posting Of Standard Operating Procedure Was Not Enough: OLRB Refuses To Suspend MOL Inspector’s Training Order

    Employers often post new procedures in the workplace without providing formal training.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Ministry Of Labour Sued For Hiring Allegedly Incompetent Inspector

    The Ontario Ministry of Labour is facing a negligence suit by the lone survivor of the Christmas Eve, 2009 scaffold collapse.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Misled By Official, Company Proves "Officially Induced Error", Beats Charges

    The defence of "officially induced error" is rarely used successfully, but in a recent Highway Traffic Act case, it won the day.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    MOL Inspector’s Grievance Gives Glimpse Into MOL’s After-Hours Accident Response Process

    Ministry of Labour managers have discretion as to whether to send out an inspector when an employer calls after-hours about a workplace accident, a recent decision suggests.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP

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