Workplace Wire

Connecting employers to developments in labour, employment & pension law

Kevin MacNeill

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Kevin D. MacNeill represents employers in all areas of labour and employment law in unionized and non-unionized settings both in the broader public sector and in the private sector. He acts for municipalities and institutions such as school boards, boards of health and community care access corporations as well as other health care service providers. Furthermore, Kevin actively represents clients in a variety of other industries, including telecommunications, transportation and logistics, hydro distribution, and manufacturing.

Miners fired for Harlem Shake performance, safety hazard says employer

Newspapers are reporting that up to 15 non-union Australian gold miners have been fired for their alleged roles in an underground “Harlem Shake” video performance (which may be viewed on YouTube). An estimated 4000 Harlem Shake videos are posted to the Internet daily, featuring people from all walks of life. They typically last 30 seconds and…

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When terminating a disabled employee, look before you leap

A recent decision of the Human Rights Tribunal of Ontario (HRTO) reminds employers that they must act very carefully when approaching the termination of a disabled employee. In Campbell v. Revera Retirement LP the employer terminated a Health Care Aide.  The employee’s job had involved looking after elderly residents, which included bathing, feeding, dressing, toileting…

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New WSIB policies concerning mandatory coverage in the construction industry under Bill 119

The Workplace Safety and Insurance Board (“WSIB”) has just published a host of new policies dealing with mandatory coverage in the construction industry pursuant to Bill 119. Some of these are new policies : 12-01-06, Expanded Compulsory Coverage in the Construction Industry 14-02-18, Insurable Earnings – Construction 14-02-19, Clearance Certificate in Construction 22-01-10, Offences and…

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WSIAT: “Unfair” to calculate average earnings of injured worker by taking into account non-earning period that was due to voluntary quit

When a worker suffers a compensable workplace accident, the level of benefits he or she receives under the Workplace Safety and Insurance Act, 1997  (“WSIA”) depends on a calculation of the worker’s “average earnings”. The Workplace Safety and Insurance Board (“WSIB”) determines average earnings by taking into account a number of factors set out under…

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