Text Message “Dubious”: Harassment-Reprisal Complaint Dismissed
Basing a harassment-reprisal complaint on a text message is risky when one cannot prove that the text message was ever […]
Caselaw Developments
Gossip, Personality Conflicts were not Harassment under Ontario OHSA: OLRB
The Ontario Labour Relations Board has dismissed a reprisal complaint under the Occupational Health and Safety Act because the employee’s […]
Disability-Management Specialist Facing Human Rights Complaint; Tribunal Grants Access to Health Files
A disability-management specialist working for the Toronto Transit Commission is facing a human rights complaint. The complaint alleges that the specialist, […]
Lawyer’s Bullying/Harassment Investigation Report Not Privileged: Care Needed When Using Lawyer as Investigator
An Ontario labour arbitrator has decided that a hospital’s lawyer’s investigation report into a bullying/harassment complaint was not privileged, so […]
“But They Charged the Wrong Company!” Sorry, You Will Still Have to Go Through a Trial
In a case involving an environmental prosecution, an Ontario justice of the peace has concluded that a “wrong company has […]
Is Comfort an Employee Right Under OHSA? Ontario Arbitrator Seems to Say Yes
An Ontario arbitrator has interpreted the Occupational Health and Safety Act to require Loblaws to provide anti-fatigue mats to self-checkout […]
Inspector’s Request for Documents was not “Unreasonable Search and Seizure”
An Ontario Justice of the Peace has rejected a roofing company’s argument that a Ministry of Labour inspector’s request that […]
Bill 168 Update: OLRB Will Not Hear Harassment-Reprisal Complaint Under OHSA
In previous posts, we reported that the Ontario Labour Relations Board had expressed doubt about whether it has jurisdiction to […]
Neglect of Bill 168 forms Basis for Reprisal Complaint
Arguing that his “termination would not have happened” had his employer complied with Bill 168 and thus addressed his harassment […]
Safety Co-Ordinator who “Assumed a Passive Role” Convicted under OHS Act
An Occupational Health and Safety Co-ordinator has been found guilty of a violation of Nova Scotia’s Occupational Health and Safety […]
Acquittal of U.S. Corporate Counsel Shows Importance of Outside Advice in Safety Investigations
A U.S. judge has acquitted an in-house lawyer on obstruction charges, in part because she consulted widely with outside counsel. […]
Threats are “Violence” Post-Bill 168: Firing of Long-Term Employee Upheld
Workplace threats are now “violence” in Ontario and justify strong discipline, the decision of an Ontario arbitrator suggests. Bill 168 […]