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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Court Upholds OHS Officer’s Rejection of Worker’s Confined Space Work Refusal
A millwright claimed she was the victim of reprisals because she refused to enter a confined space. After talking to witnesses and reviewing the records, the OHS officer concluded that […]
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Ontario Court Opens Door to Harassment-Based Constructive Dismissal Claims
Workers comp doesn’t bar constructive dismissal for harassment, court says. Workers comp bars lawsuits against employers for work-related injuries; in exchange, workers get automatic coverage of work injuries regardless of who’s […]
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What to Do When an Employee Defies Your Mandatory Vaccination Policy
Find out why the worker is refusing before deciding what to do. Before the pandemic, mandatory vaccination policies were rare and limited to sensitive sectors like health care and travel. But […]
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Town Employee Can Sue Both the Town and GN for Sex Harassment
In March, a Nunavut court ruled that a government employee could sue both her employer, the Hamlet of Pangnirtung, and the Government of Nunavut for failing to protect her from […]
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Restaurant Ordered to Close for Not Verifying Customers’ Vaccination
Disobedience with COVID-19 public health orders is not an option. Just ask the restaurant that Fraser Health Authorities ordered to close for failing to comply with orders requiring restaurants to […]
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Workers Comp Doesn’t Bar Harassment-Based Constructive Dismissal Claim
Less than 2 months after an Ontario arbitrator ruled that the workers comp bar against employees suing their employers for work injuries doesn’t apply to constructive dismissal for harassment, an […]
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OHS Tribunal Nixes Prison Guards’ Fire Safety Work Refusal
A group of 85 prison guards at a maximum-security institution began an OHS work refusal after the prison eliminated the in-house fire brigade, contending that they’d be in mortal danger […]
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To What Extent are Employees Barred From Pursuing Stress Claims in Court?
Recorded Date: November 18, 2021 Time: 9:00 AM – 10:30 AM PST Speaker: Ryan Conlin Recording: To access the recording of this webinar, please go here. Historically, workers’ compensation law placed a highly restrictive definition […]
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Your Right to Immediately Remove Workers Impaired by Drugs or Alcohol
Keeping drunk and high workers out of the workplace to prevent danger. It goes without saying that being drunk or high on the job is a significant safety risk, especially when […]
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Discipline & Safety
Can a safety infraction be a cause for progressive discipline? When you discipline a worker for violating a safety rule or for any other infraction, make sure to document it. You […]
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