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  • Article

    Illegal For Harassment Program To Allow For "Preliminary Assessment", Early Dismissal, Employee Arguing At OLRB

    A provision in a harassment program allowing for a preliminary assessment of complaints, rather than an investigation, and for early dismissal, violates the Occupational Health and Safety Act, an employee is arguing before the Ontario Labour Relations Board.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Illegal To Have Cell Phone In Hand, Even For Only A Moment, While Driving: Ontario Appeal Court

    Drivers who have a cell phone in hand are committing an offence, even if not using the phone at the time, Ontario’s top court has decided, overturning an appeal judge.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Judge Chides Employer That Countersued Against Employee For Making Allegedly "False" Safety Complaint To Ministry Of Labour

    Courts should discourage employers from suing employees for making safety complaints to the Ministry of Labour, an Ontario Small Claims Court deputy judge has stated.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Lack Of Remorse A Key Factor In Decision To Levy Hefty Fine In Non-Fatal Accident Case

    This case is indicative of the current trend for increased fines, regardless of whether the accident results in death, particularly where the organization blatantly disregards its health and safety obligations under the Act and the principals of the organization are not, in the Court's view, sufficiently repentant.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Mere Smell Of Marijuana Was Not Enough: Employee Was Entitled To Refuse Drug Test, Says Court

    An employee was entitled to refuse to submit to a reasonable-suspicion drug test where a supervisor smelled marijuana in the employee’s truck.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    MOL Engineer Not Qualified To Give Expert Evidence: He Was Too Involved In The Investigation, Too Closely Identified With Prosecution At Trial

    An Ontario judge has refused to permit a professional engineer employed with the Ontario Ministry of Labour to testify as an expert in a health and safety prosecution.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    MOL Permits Employer To Have Multi-Workplace Joint Health And Safety Committee, Union’s Challenge Dismissed

    A union has lost a request to suspend a Ministry of Labour Director’s order allowing a school board to establish a multi-workplace joint health and safety committee.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    No Damages Awarded For Unforeseeable Workplace Assault, But Employer Ordered To Rewrite Harassment Policy

    The fact that an employee had engaged in harassment did not make it foreseeable that he would assault a coworker, a labour arbitrator has held.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Notes Taken Post-Accident Can Lose Privilege If Used To Refresh Memory, Court Decision Suggests

    Privileged notes taken by a witness – or by the employer from a witness – after a workplace accident may cease to be privileged if used by the witness to prepare to testify in court, a recent court decision suggests.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    OHSA Charges Dismissed: Not Appropriate For MOL To Charge Under "General Duty" Clause Where Specific Regulation Addressed Safety Issue

    In the case at hand, a worker had been welding a large steel product, approximately 6.5 feet off the ground, standing on planks atop A-frame steps.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Ontario Proposes Increasing "Distracted Driving" Fines – And Adding Demerit Points

    Ontario’s government has introduced a Bill that would result in harsher penalties for distracted driving.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Ontario’s New Human Rights Policy

    The Ontario Human Rights Commission released a new policy entitled "The Policy on Preventing Discrimination Based on Mental Health Disabilities and Addictions".
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Post-Accident Safety Fixes: An Admission Of Liability?

    We are often asked whether post-accident fixes or improvements by an employer will be held against it if occupational health and safety charges are laid
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Previous Environmental Convictions Considered In Jailing Of Supervisor For OHSA Offences: Court’s Reasons Now Available

    A supervisor's previous violations of the EPA and failure to pay more than $50,000 in fines were a factor in the court's decision to send her to jail.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "Red Flags" Were Used To Assess Workplace Violence Threat; Employer’s Request For Psychiatric Assessment Was Justified

    The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Saskatchewan Introduces Ticketing System For Certain Workplace Safety Violations

    As of July 1, 2014, Saskatchewan employers who violate certain occupational health and safety laws may be issued a Summary Offence Ticket.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    "Ten Times The Effort" To Manage Employee’s Absenteeism, Addictions: Dismissal Upheld

    An employee with a long history of substance abuse issues and absenteeism was properly dismissed after he attended at work while impaired.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Union Barred From Appealing Safety Issue Not Yet Decided By MOL Inspector: OLRB

    A discussion on a recent case which deals with the question of whether a broken foot constitute a "critical injury" under the Occupational Health and Safety Act.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    WSIB Age Cut-Off For Loss-Of-Earnings Benefits Not Discriminatory Against Older Workers: Court

    Ontario’s Divisional Court has decided that the Workplace Safety and Insurance Act’s age cut-off for loss of earnings benefits for older workers did not violate the Canadian Charter of Rights and Freedoms.
    CanadaEmployment and HR
    Dentons Canada LLP
    Dentons Canada LLP
  • Article

    Environment Canada Issues Hydrofluorocarbon Reporting Requirement

    The Minister of the Environment issued a Notice with respect to hydrofluorocarbons, pursuant to the Canadian Environmental Protection Act, 1999.
    CanadaEnvironment
    Dentons Canada LLP
    Dentons Canada LLP

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