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Category: Occupational Health and Safety Act

Are All Employment & Labour Lawyers Created Equal?

By , April 4, 2018 8:47 am

Are there many employment & labour lawyers in Ontario? There are many employment & labour lawyers working in Ontario – especially in large urban centers like Toronto. I go to a Christmas party each year that is attended by about 150 employment & labour lawyers and it is always sold out. Every employment and labour Continue Reading…

Sexual Assault and Sexual Harassment At Work

By , January 25, 2018 4:30 pm

In the wake of workplace sexual assault allegations against Patrick Brown, I continue to reiterate what employers of any kind can do to try and prevent and discourage sexual harassment and sexual assault at work. Given the context of the recent allegations, the first point appears particularly important. 1. As individuals, rethink flirting, compliments, or Continue Reading…

What does “failing to take every precaution reasonable in the circumstances for the protection of a worker” mean?

By , January 19, 2018 10:03 am

When the Ministry of Labour lays charges under the Occupational Health and Safety Act (“OHSA”) after a workplace injury it often includes a charge under section 25(2)(h) of OHSA which states that an employer is required to “take every precaution reasonable in the circumstances for the protection of a worker”. A recent case, Ontario (Labour) v. Continue Reading…

Employer Alert: Change to WSIA as of January 1, 2018

By , January 15, 2018 11:23 pm

As of January 1, 2018, an employee can claim workers compensation benefits for chronic or traumatic mental stress that is predominantly caused by workplace harassment In May 2014 I blogged about an administrative tribunal case which concluded that subsections 13 (4) and (5) of the Workplace Safety and Insurance Act (WSIA) were unconstitutional. January 1, Continue Reading…

Due Diligence and Why It’s Important

By , January 15, 2018 11:44 am

Employers have various obligations under the Occupational Health and Safety Act (“the OHSA”), including the very broad, catch-all duty to take every reasonable precaution in the circumstances to protect workers. When there is a workplace accident, the Ministry of Labour will often charge the employer with violating this general duty. Violations of the OHSA are Continue Reading…

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