Workplace Wire

Connecting employers to developments in labour, employment & pension law

Does OLRB Decision Signal a New Approach To Workplace Harassment under the OHSA?

On November 22, 2013, the Ontario Labour Relations Board (“the Board”) released its decision in the Ljuboja v. The Aim Group Inc. and General Motors of Canada Limited, (“AIM”). While the decision itself was narrowly focused, adjudicating a preliminary motion to seek dismissal of an application alleging a reprisal under the Ontario Occupational Health and…

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Ontario’s New Mandatory OHS Awareness Training: What’s Required and How to Comply?

The regulation enabling Ontario’s new mandatory OHS awareness and training scheme went live on Friday, November 22, 2013.  Ontario Regulation No. 297/13 (Occupational Health and Safety Awareness and Training) (the “Regulation”) requires employers covered by the Occupational Health and Safety Act (the “OHSA”) to ensure that all workers and supervisors complete a basic OHS awareness training…

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Continued Expansion of OHS-Related Workplace Harassment and Bullying Requirements: Policies Required in British Columbia

By: Cheryl Edwards and Daniel Mayer For readers following the progress of ever-expanding OHS statutory obligations relating to violence and harassment, there is a new development worth note in B.C. Most Canadian jurisdictions have now defined workplace violence as a hazard and set out obligations such as requirements for policies, risk assessments, training and other…

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No Evidence, No Dice: Drug Addiction Self-Assessment Not Enough

Terminating a unionized employee for substance abuse in the workplace is tricky, considering the duty to accommodate and the traditional mitigating factors arbitrators will consider when determining whether termination is an appropriate response (length of employment, discipline record, remorse, etc). A recent arbitration decision might bring some comfort to employers. In Vale (Manitoba Operations) v….

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The Nairobi Westgate Mall Disaster and Keeping Out-Of-Country Employees Safe

On Saturday September 21, al-Shabaab, a Somali militant group affiliated with al-Qaeda, stormed and sieged the Westgate Mall in Nairobi, Kenya.  The Westgate Mall is an upscale shopping complex known to be patronized by tourists and expatriates.[i]  In the attack, more than 60 individuals were killed and approximately 150 persons were injured.[ii]  Many non-Kenyans are…

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