Leading commentary and perspectives on employment and labor law
Recent enforcement action under Ontario’s Occupational Health and Safety Act (“OHSA”) serves as a stark reminder of an employer’s obligation to implement workplace harassment and violence policies and programs in the workplace. A security company (the “Company”) was recently fined $70,000.00 for non-compliance with orders issued under OHSA.
After receiving information about…
In January of 2017 the Ontario Ministry of Labour issued a clarifying statement on the definition of a Critical Injury under Regulation 834 of the Occupational Health and Safety Act. This clarification will be of interest for all employers facing a potentially reportable injury in the workplace. While not binding, it illustrates what the…
In a new webinar, lawyers from the firm discuss the new requirements for Ontario employers to prevent sexual violence and harassment in the workplace after amendments to Bill 132 came into effect on September 8, 2016. The new requirements revise the definition of “workplace harassment”, impose new requirements for workplace harassment prevention programs and establish…
Seeking legal advice not only allows an employer to ensure that they are conducting a proper accident investigation, but will also be critical in preserving legal privilege – meaning a document is protected as confidential in a legal process and shielded from adverse parties.
On May 9, 2016 the Court of Queen’s Bench of Alberta…
Following a Ministry of Labour investigation, a mining company was fined $55,000 on October 26, 2016 after an employee was injured at a mine in Northern Ontario. The employee, an underground mechanic, was replacing an axel on a mining vehicle when an 878-pound tire fell and injured him. Fortunately, three other employees were nearby…
The recent Federal Court of Appeal decision in Wilson v Atomic Energy of Canada Limited addressed the long-standing question of whether federally regulated employers under the Canada Labour Code can terminate employees without just cause. Judge Stratas at the Federal Court of Appeal found that federally regulated employers may dismiss employees without cause upon reasonable…
Two recent Ontario decisions show how employee conduct and violation of settlement terms can invalidate such agreements and give a basis for employers to recover payments already made under the settlement
Roder v 1049077 Ontario Limited, 2014 ONSC 4389 involved an employee who was dismissed due to poor performance. The employee sued for wrongful…
In Direct Energy Marketing Limited and Unifor, Local 975, 2014 CanLII 657, an arbitrator refused to depart from a prior arbitral award despite his preference for a contrary line of authority. The prior award – Direct Energy v Unifor, Local 975, 2013 CanLII 94391 – involved a similar grievance alleging a failure…
The recent decision of United Steelworkers of America, Local 9548 v Tenaris Algoma Tubes Inc, 2014 CanLII 26445 (ON LA) provides an example of how a unionized employee’s off-duty social media behavior can justify dismissal, despite the absence of any reference to social media in the company’s harassment policies.
The grievor was a crane…
In O’Neill v General Motors of Canada Ltd., 2013 ONSC 4654, a motion for partial summary judgment was granted in a class action by retired employees of GM after their health care and life insurance benefits were substantially reduced to offset GM’s financial difficulties. Just prior to the scheduled trial of an appeal…
