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Category: Workplace Safety

Not Preventing Sexual Assault and Harassment in the Workplace is Now More Expensive

By , June 22, 2018 11:16 am

On average, damages awarded to an employee for a breach of the Human Rights Code, remain relatively low, typically $10,000 to $15,000. However, the HRTO recently released two significant decisions that reflect a willingness to award higher amounts. Both decisions involve sexual assault and sexual harassment against women in vulnerable circumstances. In both cases, the Continue Reading…

The Latest on the Legality of Random Drug & Alcohol Testing

By , February 20, 2018 9:18 am

In 2013, the issue of whether an employer can unilaterally implement random drug testing was addressed by the Supreme Court of Canada. Bottom line: there are very few instances when random drug testing will be permitted. This blog summarizes a recent arbitration award where a union challenged an employer’s random drug testing policy at a coal mine. 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…

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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