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….
By: Jeremy Warning and Daniel Mayer Today, the Court of Appeal for Ontario fined Metron Construction Corporation $750,000 for the Criminal Code offence of criminal negligence causing death. The penalty was issued as part of a detailed decision allowing a Crown appeal of the fine of $200,000 originally imposed on Metron following its July 13, 2012,…
As our regular readers know, the Ministry of Labour is currently drafting a new regulation that will require mandatory occupational health and safety awareness training for all workers and supervisors in Ontario. This arises from a strong recommendation made by the Dean Panel that all workers and supervisors receive prescribed minimum information on their duties…
In a much-anticipated decision about random alcohol testing in hazardous unionized workplaces, a majority of the Supreme Court of Canada decided that Irving Pulp & Paper Ltd.’s unilateral implementation of random alcohol testing for employees in safety-sensitive positions was an invalid exercise of management rights. For a link to the decision click here. Facts Irving Pulp…
In the context of labour arbitrations, long service has often been a factor invoked by arbitrators to mitigate against serious disciplinary consequences – particularly against terminations of employment for just cause. The employer in the case of Tonolli Canada Limited v. United Steelworkers, and its Local 9042 is in the business of recycling lead acid batteries. Given that lead…