OHSA charges were adequately particularized, court finds: disclosure showed violations Crown intended to prove
A judge has rejected an employer’s argument that Occupational Health and Safety Act charges against it were unclear and that […]
Caselaw Developments
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. A recent decision of the Ontario Labour Relations […]
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 […]
Having an active joint health and safety committee can help employers defend against OHSA charges, court decision suggests
An Ontario court has dismissed charges under the Occupational Health and Safety Act after two incidents which the joint health and safety […]
“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 […]
OHSA charges dismissed: not appropriate for MOL to charge under “general duty” clause where specific regulation addressed safety issue
In dismissing Occupational Health and Safety Act charges against an employer arising out of a fatality, an Ontario court has held that […]
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 […]
“Not the right fit”? Fired hours after MOL inspector’s visit, employee awarded $19,000 in damages
Employers who have bona fide reasons for dismissing an employee should avoid using “not the right fit”. They should also show up […]
Supervisor fined after workers exposed to asbestos dust
A supervisor with an asbestos abatement company, and his employer, have pleaded guilty to charges under the Occupational Health and […]
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 […]
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 […]
Where MOL Inspector Withdraws OHSA Compliance Order, OLRB Cannot Reinstate While Appeal Argued
Although an employer may appeal a Ministry of Labour inspector’s rescission (withdrawal) of a compliance order that he or she […]