The Court of Appeal for Ontario recently confirmed that a proportionate approach must be taken in determining whether a single incident of misconduct by a long-serving employee with a relatively unblemished work record should result in dismissal for cause. In Plester v. PolyOne Canada, the plaintiff failed to lock out a machine prior to working…
Practice Area: Occupational Health
Ministry of Labour to Target Industrial/Construction Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz in the months of February and March which will target industrial and construction workplaces. MOL inspectors will conduct inspections relating to slip, trip and fall hazards. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
Ministry of Labour to Target Health Care Workplaces for Safety Inspections
The Ministry of Labour (“MOL”) has announced a safety blitz targeting health care workplaces in the months of February and March. MOL inspectors will conduct inspections to check on issues related to workplace violence and harassment. In this FTR Now, we review some steps you can take to ensure your workplace is compliant with its…
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…
Safety Blitzes Announced for Ontario Workplaces
The Ontario Ministry of Labour (“MOL”) has announced that three workplace enforcement blitzes targeting workplace hazards will be conducted by MOL Inspectors this winter: January/February: underground mines will be inspected to check hazards that may affect air quality; February/March: industrial and construction workplaces will be checked for slips, trips and fall hazards; and February/March: health…
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…
Hicks Morley Named in 2013 Lexpert®/American Lawyer Guide
Hicks Morley is pleased to announce it has been ranked as the leading law firm in the Labour Relations and Pensions category according to the 2013 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada. Practice groups included in this category are Employment Law, Labour Relations, Occupational Health & Safety, Pensions & Employee Benefits…
Hicks Morley Welcomes Two New Partners
Hicks Morley recently welcomed three new partners, Henry Dinsdale and Michael Smyth, to the firm. Henry, Jeffrey and Michael are based in the firm’s Toronto office. Recognized as one of Canada’s leading lawyers in the field of labour and employment law by The Best Lawyers in Canada and by Martindale Hubbell, Henry Dinsdale was called…
Numerous Errors by Justice of the Peace Result in Overturned OHSA Conviction
In R. v. 679052 Ontario Limited (c.o.b. Auction Reconditioning Centre), the Ontario Court of Justice reaffirmed that active supervision of an employee is not required at all times. Moreover, where an employee is properly instructed not to do a task and the employer has no reason to believe the employee will do that task, the…
Health and Safety Case May Clarify Employer Obligations
The Alberta Court of Appeal recently granted leave to appeal in a case which will be of interest to employers generally, to clarify the scope of their health and safety obligations, and more particularly to employers who host events at which they rent equipment for use by guests. An Alberta employer had rented a calf-roping…