Discipline for Safety Violations: Lessons for Employers from the Cases


Safety-conscious employers discipline their workers for safety violations.  But discipline is subject to review by labour arbitrators in unionized workplaces and by the courts in non-union workplaces.  This webinar will present the key lessons for employers from more than a dozen such cases and will sum up those cases with practical recommendations.

This seminar reviewed:

  • When do courts and arbitrators uphold—or strike down—discipline imposed on a worker for safety violations?
  • What can employers do to make the discipline “stick”?
  • Which types of safety violations are treated as warranting the most serious discipline?
  • When is workplace violence a “firing offence”?
  • What process should be followed by employers when disciplining or terminating for safety violations?

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Case List

Webinar Handout

Slide Deck

Adrian Miedema  is a health and safety and employment lawyer in the Toronto office of the global business law firm, Dentons Canada LLP.   He advises and represents employers and professionals in health and safety charges and accident response strategy.  He’s co-editor of the OHS law blog, occupationalhealthandsafetylaw.com and a frequent writer on health and safety and employment law topics.  He has been an adjunct professor of Employment Law at the Faculty of Law, University of Western Ontario.  Adrian is the co-author of three books on employment law topics.  He is recognized by The Best Lawyers in Canada 2014 as a leading lawyer in Labour and Employment Law.  He received his Bachelor of Mathematics (Actuarial Science and Economics) from the University of Waterloo and his LL.B. from the University of Western Ontario.

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