Legal Landscape – Cases
A crane operator was killed trying to lift a communication tower. The question: Against which company’s experience account should workers’ comp charge the loss—Procrane, the victim’s employer, or Westower, the company that hired Procrane? Both sides were negligent and equally responsible for the accident, said …
Because a registered package addressed to a courier reeked of marijuana, a manager took the liberty of opening it. Sure enough, it contained pot. So the courier was fired. He denied knowing anything about the marijuana even though it was sent by his brother; he …
A radio technician suffered a concussion in a non-work related incident. Six days before he was supposed to return to work, he was fired. He claimed disability discrimination. The employer said that it fired him due to lack of work. The Human Rights Tribunal ruled …
A black worker reported an assault by a co-worker to the police after the employer took no action. She claimed that the employer then starting treating her differently, such as harassing her, accusing her of not wearing safety shoes and reassigning her modified duties (she’d …
A maintenance worker at a hotel tried to remove a fuse in a 600-volt electric panel with metal pliers when there was an explosion. He suffered first, second and third degree burns. The hotel pleaded guilty to failing to ensure that the worker didn’t use …
A company drilling at a construction project was using a boom truck to lift and move materials. A worker helping to place an auger being moved by the boom truck was holding the chains attaching the auger to the boom truck’s hook when the truck …
A parking lot worker fell down an elevator shaft and died. The CSST concluded that the incident was caused by another worker who bypassed the mechanical locking system of the elevator’s back door and by the employer’s lack of OHS management. The CSST issued the …
A worker accused her employer of disability discrimination. The employer asked the court for permission to access, use and disclose the worker’s health files to respond to the allegations. The Human Rights Tribunal explained that a party requesting production of information must show that this …
A company that provided the design plans and structural components for a support structure holding up a bridge during its construction and the engineer who created these plans were convicted of OHS violations after the bridge collapsed, seriously injuring several workers. But the appeals court …
Two supervisors smelled alcohol on a worker’s breath when he came to work. The worker claimed that he’d had his last beer 11 hours before starting work. But the employer fired him. The arbitrator concluded that the supervisors had reasonable grounds to believe the worker …








