Termination Upheld for Workplace Violence Threats

By Michael Torrance on November 18, 2014 Posted in Canada

In the recent decision UFCW, Local 1400 v Prairie Pride Natural Foods Ltd, 2013 CanLII 82240 (SK LA), a Saskatchewan arbitration board upheld the dismissal of a long-term employee for workplace violence and harassment threats.

The grievor worked as a Hanger in the employer’s poultry processing plant. He had been employed for five years, which was a lengthy period of employment for the workplace which had high turnover. In September 2011 the grievor was suspended 3 days for elbowing another employee in the chest and yelling and swearing at him. In May 2012 the grievor threatened to come … Continue Reading

Compliance with Ministry of Labour Order not Useful in Mitigating Sentence under OHSA

By Michael Torrance on July 3, 2014 Posted in Canada

The Ontario Court of Appeal has ruled in Ontario (Labour) v Flex-N-Gate Canada Company that post-accident compliance should not be considered a mitigating factor in sentencing for a conviction under the Occupational Health and Safety Act (“OHSA”).

An employee was injured in a workplace accident when metal sheets fell off of a forklift and struck the employee’s foot, causing several broken bones. Following the MOL’s investigation into the accident, an MOL inspector issued two compliance orders. The company immediately complied with both MOL orders.

The employer was ultimately convicted of two offences under the OHSA and a Justice … Continue Reading

Mandatory Occupational Health and Safety Training for All Workers and Supervisors in Ontario – In Effect July 1, 2014

By Michael Torrance on June 19, 2014 Posted in Canada

Starting July 1, 2014, all employers covered by the Occupational Health and Safety Act (OHSA) will be required to give Basic Awareness Training to all workers and supervisors. The objective of this training is to enhance workers’ and supervisors’ knowledge of both their rights and responsibilities under the OHSA and highlight the OHSA’s overarching principle that workers, supervisors and employers are jointly responsible for maintaining the health and safety of their workplace.

The training was mandated, in part, in order to address the health and safety of particularly vulnerable workers such as new hires and recent immigrants.

Employers may … Continue Reading