Sufficient to Alert Worker’s Supervisor – not Worker Himself – to Hazard: OHSA Charge Dismissed
An Ontario court has dismissed a charge against an employer of failing to acquaint a worker with a hazard, because […]
Caselaw Developments
Employees Win Approximately 10% of Ontario Safety-Reprisal Decisions in 2011
Employees won only 2 of 17 reported Occupational Health and Safety Act reprisal cases decided by the Ontario Labour Relations Board […]
Employer Challenging Safety Inspector’s Compliance Order that Simply Restated OHSA Obligation
A Ministry of Labour inspector’s compliance order under the Ontario Occupational Health and Safety Act should not be suspended even […]
OHSA Defendants May Ask Prosecutor for MOL Inspector’s Criminal Record
Companies and individuals charged under the Ontario Occupational Health and Safety Act may ask the prosecutor to provide the Ministry […]
Fired Two Months After Injury, Employee Loses OHSA Reprisal Complaint
The Ontario Labour Relations Board has held that an employee who was fired two months after injuring her knee at […]
RN’s Harassment and Bullying of RPNs was “Subtle” and “Insidious”: Arbitrator Refuses to Reinstate
A labour arbitrator has refused to reinstate a discharged Registered Nurse because of her “subtle” and “insidious” bullying and harassment of […]
Union Must Put Safety Issue to MOL Inspector First: OLRB
The Ontario Labour Relations Board has refused to permit a teachers’ union to expand a safety appeal to several schools where […]
Violent “Ammo” Threat, Dishonesty, Unsafe Act Together Justified Dismissal: Ontario Arbitrator
An employee who had been previously disciplined for threatening to bring “ammo” into work, was properly dismissed where shortly afterwards […]
Engineer, Architect Not Guilty of OHSA Charges in Wall Collapse: Limitation Period Bars Charges
An engineer and architect were not guilty of Occupational Health and Safety Act charges where the wall collapsed more than […]
Unions Using OHSA to Attempt to Obtain Work for Members
In some recent cases at the Ontario Labour Relations Board, unions have attempted to use the provisions of the Occupational […]
Injured Ambulance Attendant who Assumed Potential Safety Risk Entitled to Be Accommodated: Ontario Arbitrator
An Ontario arbitrator has held that an ambulance attendant was entitled to be accommodated by the employer, by permitting him […]
Random Alcohol Testing Case Headed for Supreme Court
The Supreme Court of Canada will decide whether an employer must have “reasonable cause” to conduct random alcohol testing on […]