Tag archives: safety

The employer’s refusal to adapt the employee’s workstation may constitute moral harassment

The legal context

Under French employment law, employers are under a strict duty of care which requires them to ensure the protection of their employees’ health and safety (duty of care), the mere breach of such obligation will trigger their liability even if there is no fault on their part. Such duty of care is interpreted very extensively by case law. In this context, employers should comply strictly with the opinions and recommendations of the occupational health physician, particularly in the framework of medical visitation following an employee’s sick leave.

In addition, French employment law also strictly prohibits moral harassment. … Continue Reading

Dismissal Upheld for Dishonesty and Cover Up of Safety Risks

In a recent arbitration decision involving a utility company, an Ontario arbitrator reiterated the importance of trust in the employment relationship and upheld the dismissal of a seven-and-a-half-year employee with no disciplinary history for covering up a safety violation.

Facts

On October 9, 2012 the grievor, a supervisor, was working with his team to remove gaskets from an old generator.  It was known that gaskets could be made of asbestos. The workplace policy was to assume that gaskets were made of asbestos and confirm with reference to documents in the workplace computer system. The grievor visually concluded that the gasket … Continue Reading

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