“Presumptive remedy” for retaliatory discharge under OHSA is reinstatement of employee, OLRB states
Where an employer fires an employee for raising safety concerns, the employee will generally be entitled to reinstatement, the Ontario […]
Violence and Harassment
“I guess I’d have to kill you” remark could not reasonably have been interpreted as a “viable threat”: fired worker entitled to ESA termination pay
A worker’s comment that “I guess I’d have to kill you” was clearly inappropriate but did not constitute wilful misconduct […]
When public perception and the law differ: man fired for heckling TV reporter at soccer game is rehired after arbitration process
Just because members of the public call for the firing of an employee for yelling sexual taunts at a TV […]
OHSA duties did not require employer to issue public response to “smear campaign” against non-racialized jail employees: adjudicator
An adjudicator has held that the Occupational Health and Safety Act‘s “general duty” clause did not require an employer to […]
Sexual joke was “worse than the usual sexual humour of the workplace”: hydro employee was fired for cause
A hydro worker’s sexual harassment of a co-worker, including an offensive sexual joke, justified his dismissal, the Ontario Labour Relations […]
OLRB orders employer to reinstate apartment building superintendent allegedly fired for reporting workplace violence
The Ontario Labour Relations Board has ordered an employer to reinstate an apartment building “office administrative superintendent” who alleged that […]
Employee properly fired for workplace violence threats, despite his mental disability: Appeal Court
An employee’s mental disability, unknown to his employer at the time of dismissal, played no role in the reason he […]
Snowplow driver dismissed due to two accidents, not workplace violence “head-butting” complaint
A snowplow driver’s bad driving record, not his workplace violence complaint, was the reason for his dismissal, the Ontario Labour […]
“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 […]
Labour arbitrator agrees to hear harassment-retaliation grievance under OHSA
Although a temporary employee had no termination protection under the collective agreement, he did have the right to advance a […]
Worker awarded WSIB benefits after health and safety officer “grabbed him and threw him to the ground”
In an unusual case, a construction site superintendent has won entitlement to workers compensation benefits after persuading an appeals tribunal […]
“Classic bullying” in company washroom, “which is the traditional hang out of bullies”, lands employee three-day suspension
A 6’2′, 300-lb employee’s hostile, intimidating comment to a smaller co-worker in the company washroom was just cause for a […]