Occupational Health And Safety | MacLeod Law Firm

Workplace Bullying: Does My Employer Have To Intervene?

MacLeod Law Firm — Thu, 17 Sep 2020 20:48:03 +0000

Workplace Bullying: Does My Employer Have To Intervene? Have you experienced workplace bullying or harassment? Did you know that your employer has an obligation to investigate any complaint of bullying or harassment you make regardless of whether or not you file a formal complaint? In fact, simply stating that you are feeling attacked or bullied could trigger the employer’s duty to investigate.

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Vicarious Liability – The Fallout from Festive Staff Parties

MacLeod Law Firm — Fri, 02 Nov 2018 13:17:07 +0000

With the legalization of cannabis behind us and holiday parties on the horizon, one question on employers’ minds is how to deal with cannabis use at staff parties. Vicarious Liability Employees need to be mindful of the doctrine of vicarious liability whereby employers are ultimately responsible for the actions and omissions of their employees in the course of employment. Liability is imposed to…

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The Latest on the Legality of Random Drug & Alcohol Testing

Doug MacLeod — Tue, 20 Feb 2018 14:18:03 +0000

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. The Facts The arbitrator found that anyone…

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Supreme Court: Increased Potential Liability for Harassment

Nadia Halum — Fri, 09 Feb 2018 17:35:35 +0000

Recently, the Supreme Court issued a significant decision expanding the nature of possible harassment and discrimination claims. The Case In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, Mohammadreza Sheikhzadeh-Mashgoul worked as a civil engineer consultant on a job site where he supervised workers who were not employed by his engineering firm. One of these workers…

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Sexual Assault and Sexual Harassment At Work

Nicole Simes — Thu, 25 Jan 2018 21:30:35 +0000

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 seeking romantic relationships at work.

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

Doug MacLeod — Fri, 19 Jan 2018 15:03:28 +0000

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. Quinton Steel (Wellington) Limited…

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

Doug MacLeod — Tue, 16 Jan 2018 04:23:03 +0000

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, 2018 Change to WSIA On January 1…

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Due Diligence and Why It’s Important

MacLeod Law Firm — Mon, 15 Jan 2018 16:44:24 +0000

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 “strict liability” offences…

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Marijuana legalization – How Employers Should Navigate the Hazy Legal Landscape

MacLeod Law Firm — Thu, 11 Jan 2018 15:45:50 +0000

The legalization of marijuana is expected to change Ontario’s employment law landscape in 2018. Legislation is expected to be implemented by July 2018. It is not too early for employers to take proactive steps to address these changes. Expected changes Bill C-45, An Act respecting Cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the “Bill”) passed…

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#Metoo #Himtoo #Youtoo – Sexual Harassment and Violence at Work

Nicole Simes — Tue, 31 Oct 2017 21:15:29 +0000

In the wake of sexual harassment allegations against movie mogul Harvey Weinstein, the viral social media campaign #metoo has emerged as a way for millions of people to denounce sexual assault and harassment. Although it is an important campaign, I have been late to add my voice to the #metoo discussion because of the disproportionate focus on the stories women have shared. Many seem to suggest…

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