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Injured Worker’s Act was not foreseeable: OHSA charges against employer dismissed
  • Dentons
  • Canada
  • May 7 2015

Recently, an Ontario court dismissed Occupational Health and Safety Act charges against an employer where the injured worker's unexpected and


“Classic bullying” in company washroom, “which is the traditional hang out of bullies”, lands employee three-day suspension
  • Dentons
  • Canada
  • April 30 2015

A 6’2, 300-lb employee’s hostile, intimidating comment to a smaller co-worker in the company washroom was just cause for a three-day suspension, an


Even “inspecting” equipment is “working on it”: employer guilty of OHSA charge where employees had not even started maintenance work
  • Dentons
  • Canada
  • April 23 2015

A maintenance electrician had “worked on” a stuck shipping door when he simply “inspected” it, even though he had not actually performed maintenance


36-year employee properly dismissed for “unprovoked momentary outburst” with knife
  • Dentons
  • Canada
  • April 21 2015

A 57 year old employee with 36 years of service was properly fired for one incident in which he cut another employee with a knife, a labour arbitrator


Hidden camera leads to dismissal
  • Dentons
  • Canada
  • April 16 2015

An arbitrator recently upheld the termination of a "reliable and capable" Personal Support Worker (a "PSW") with no prior disciplinary record


Company that “met or exceeded many industry standards in its operations” still found guilty of OHSA charges
  • Dentons
  • Canada
  • April 15 2015

Exceeding industry standards does not, on its own, protect employers from health and safety convictions or fines, a recent court decision shows. A


Manager was not a “competent person” to conduct harassment violence investigation under Canada Labour Code: court
  • Dentons
  • Canada
  • April 7 2015

The Federal Court has held that a manager was not a “competent person” to conduct a workplace harassment investigation under the Canada Labour Code


Aggravated damages awarded under OHSA for retaliatory firing
  • Dentons
  • Canada
  • March 31 2015

An employer has been ordered to pay aggravated damages in addition to lost wages after firing an employee in retaliation for raising safety


OHSA does not protect against retaliation for merely sustaining injury: OLRB
  • Dentons
  • Canada
  • March 26 2015

The Occupational Health and Safety Act may protect employees against retaliation for asserting their rights under that Act, but not for merely


No punches thrown, but employee properly dismissed for yelling, swearing and abusive conduct
  • Dentons
  • Canada
  • March 24 2015

An employee need not physically assault a co-worker in order to be dismissed for workplace violence, an arbitrator's decision shows. The employer had