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An Employment Contract, A Without Cause Termination and the Availability of “Unjust Dismissal” Protection

Klein and The Royal Canadian Mint, a recent adjudication award made under the Canada Labour Code, affirms the proposition that the unjust dismissal provisions do not protect all employees from termination without cause, particularly where such terminations are conducted in accordance with a binding employment contract. In this case, the complainant had signed an employment…

Ontario Court Provides Useful Guidance to Employers on Supervision and Training Obligations

The Ontario Court of Justice recently overturned a trial decision which convicted an employer of various infractions under the Occupational Health and Safety Act, finding that numerous errors of law had been made. Of interest for employers is the Court’s conclusion an employer is not obligated to provide training to a worker regarding a specific…

William LeMay Quoted in Law Times

Hicks Morley’s William LeMay was quoted in the January 7, 2013 edition of Law Times. In an article entitled “Lawyers looking to instil culture of co-operation in WSIB disputes,” Will comments on the new changes to the WSIB appeals process due to take effect on February 1, 2013. He suggests it would be beneficial if…

New Mandatory Health and Safety Training Regulation Proposed under OHSA

The Ontario government has proposed a new regulation to be made under the Occupational Health and Safety Act (“OHSA”), further to the recommendation of the Expert Advisory Panel in 2010 that programs for mandatory health and safety awareness training be developed for Ontario workplaces. The proposed regulation would apply to all workplaces currently covered by…

Worker Receiving WSIB Benefits Cannot Claim Monetary Relief under Collective Agreement

A recent arbitration decision considered the historic trade-off made through the enactment of workers’ compensation legislation in Ontario almost 100 years ago, when, in general terms, a worker was barred from suing his or her employer for a workplace accident or occupational disease, in exchange for which the worker would receive benefits from the (now)…

Alberta Court of Appeal Grants Leave to Appeal in Case Regarding Employer’s Health and Safety Obligations

Clearing the path for a future decision which is likely to provide further clarity on an employer’s health and safety obligations, the Alberta Court of Appeal has granted an employer’s application for leave to appeal in R. v. XI Technologies, in which it was found liable under the Alberta Occupational Health and Safety Act (“OHSA”)…

Receipt of WSIB Benefits Bars Claim for Additional Monetary Damages at Arbitration

An arbitrator recently affirmed that a grievor is not entitled to monetary damages under a collective agreement where that grievor has received benefits from the Workplace Safety and Insurance Board (“WSIB”) in respect of the accident for which damages are claimed. Arbitrator Howe considered section 26(2) of the Workplace Safety and Insurance Act (“WSIA”) and…