OK to Use Surveillance Tape to Prove Worker Faked Her Injuries
An avionics installation worker got fired for faking the injuries she supposedly suffered as a result of slipping on black ice in the company parking lot. Exhibit A was the […]
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Worker Accused of Sexual Assault Can’t Sue Accuser for Defamation
A Canada Post worker accused a fellow letter carrier of sexual harassment and assault. After an internal investigation, a union disciplinary panel dismissed the charges. But the battle was far […]
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Union Loses Bid to Overturn Mandatory Vaccination Policy for Lack of Notice
Sec. 54 of the Labour Relations Code requires employers to give at least 60 days’ notice before introducing a policy “that affects the terms, conditions or security of employment” of […]
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Disabling Braking Device Is Just Cause to Fire Transit Worker
A rapid transit worker with 8 years of service and no disciplinary record was fired for disabling a safety braking device called a deadman switch. The union claimed the discipline […]
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Auto Technician Wasn’t Fired for Complaining about Indoor Smoking
An automotive technician repeatedly complained to his employer about the smoking taking place in the repair shop. But his complaints went unheeded and the technician felt he had to quit […]
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Minor Chemical Spill Isn’t Serious Enough to Justify Post-Incident Drug Testing
A worker had to undergo post-incident testing after a chemical spill in the bed of the truck she was driving caused some minor equipment damage. The test came back positive […]
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New OHS Work Refusal Reassignment Laws Take Effect in BC
Responding to work refusals in BC just got trickier. While the right to refuse dangerous work is an essential safety protection, it can also be highly disruptive. Responding to a work […]
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Reassigning Work Subject to an OHS Work Refusal – Know The Laws of Your Province
Most jurisdictions require a written response within 30 days of receiving a JHSC recommendation. Workers’ rights to refuse dangerous work would be meaningless if employers could just simply reassign refused work […]
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Work Refusal Notification Form
You’re not allowed to assign somebody to perform work that’s currently subject to another worker’s work refusal unless and until you notify the worker to whom you propose to assign […]
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Employee Who Refused to Mask Told by Court That Losses Were “Self-Inflicted”
Employers and employees saw the workplace change rapidly since March 2020. After a whirlwind of workforce changes and policies, litigation on the appropriateness of COVID-19 workplace measures is working its […]
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The Top 10 OHS Compliance Cases of 2022 (So Far) & Their Impact on You
The court cases most likely to directly affect your OHS program and policies. Key OHS cases from the first 6 months of 2022 addressed issues ranging from the authority of OHS […]
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Work Refusals Special Report
Refusing to perform assigned work is normally an act of insubordination for which a worker can be disciplined. But OHS laws create a special exemption that allows workers to refuse […]
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Alberta, Canada Human Rights Tribunal Reminds Employees They Have Duties In The Workplace Accommodation Process
In Zupcic v Saputo Foods Limited, 2022 AHRC 13 (Saputo), the Human Rights Tribunal of Alberta (Tribunal) dismissed an employee's complaint that that she was discriminated against in employment on the ground […]
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Workplace Violence: OK to Fire Hospital Employee for Violence against His Co-Worker
“Talk to me like that again and we are going to have a big f**** problem.” This voicemail, which was played in court, was just part of the evidence against […]
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COVID-19: Arbitrator Strikes Down Unilateral Get-Vaccinated-or-Get-Fired Policy
The union contended that the employer violated the collective agreement by unilaterally imposing and then terminating long term care home workers for refusing to comply with a mandatory vaccination policy. […]
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Fired Manager Gets Greenlight to Sue for OHS Discriminatory Action
A yard manager initiated a work refusal claiming that his farm plant co-workers weren’t social distancing or using face masks. The OHS investigator concluded that the plant was complying with […]
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Social Media Privacy and Discipline: Workplace Challenges
Recorded Date: March 2 Time: 9 AM EST Speaker: Jeremy Schwartz Click Here to Access Recording More than ever before we live and work digitally, and so our online private and work activities intersect […]
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Is a Worker’s Failure to Disclose Medical Marijuana Use Grounds for Termination?
Don’t expect workers to self-disclose substance abuse if you don’t have a disclosure policy. There are nearly 300,000 legally registered medical marijuana users in Canada, nearly 8% of the population. Firing […]
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Does Workers Comp Cover COVID-19? – Ask The Expert
QUESTION Can a worker who gets COVID-19 at the workplace get workers comp benefits? ANSWER It depends. EXPLANATION Since workers comp covers only work-related injuries and illnesses, workers would have to prove that they contracted […]
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Alberta Compliance Alert: 6 Key OHS Changes Take Effect
Alberta just made 6 significant changes to its OHS rules, all of which took effect on December 1, 2021: 1. Prime Contractors at Non-Construction Sites Any work site where workers of multiple […]
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Not Reprisal to Fire Probationary Worker Who Raised Facemask Concerns
An editor working in a cramped basement asked his manager to require people at the site to wear facemasks to guard against COVID-19. The manager refused, saying that he considered […]
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COVID-19 Infection Is Work-Related Under Workers Comp
Is coronavirus infection a work-related injury under workers comp? One of the first cases to address this crucial question involved a truck driver required to be in confined spaces where […]
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Arbitrator Rules Against Mandatory COVID-19 Vaccination Policy
The Electrical Safety Authority’s mandatory vaccination policy was unreasonable to the extent employees could be fired, disciplined or placed on unpaid leave for refusing to comply, the arbitrator ruled. Unlike […]
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OK to Fire Driver for Falsely Denying DUI Incident
A truck driver with a record of attendance, performance and attitude issues managed to hang onto her job. The beginning of the end came when she was pulled over for […]
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Union Employee Fired for Distracted Driving Can’t Sue for Money Damages
A bus driver who got fired for distracted driving denied the accusation and sued his ex-employer for $50,000 in damages for defamation and wrongful dismissal. The Alberta court said it […]
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Court Says It Lacks Authority to Block RCMP Mandatory Vaccination Policy
Officers who don’t want to get vaccinated are suing the RCMP contending that its mandatory COVID-19 vaccination policy violates their constitutional rights. They’ve asked for an interim injunction, i.e., order […]
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Excavation Contractor Fined $25,000 for Pedestrian Fatality
A pedestrian died after getting hit by a dump truck that was clearing debris from a shopping center undergoing renovations. The driver apparently got the signal to reverse from an […]
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Fired Québecer Can Sue for National Origin Discrimination
Did a heavy equipment operator’s French Canadian roots factor into the decision to fire him? The BC Human Rights Commission found that there was enough evidence to allow the case […]
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Arbitrator Reinstates Worker Fired for Shop Room Floor Fight with Co-Worker
All agreed that a steel worker deserved to be disciplined for getting into a physical altercation with a co-worker on the shop room floor. The question was whether the incident […]
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