OHSA | MacLeod Law Firm

Ontario Government Proposes More Employment Laws

Doug MacLeod — Tue, 22 Mar 2022 04:00:41 +0000

In my last blog, I summarized some new employment laws that the Ontario government passed in December 2021. On February 28, 2022 the Ford government proposed more new employment legislation when it tabled Bill 88. This blog discusses three parts of Bill 88; that is, (i) a new law that would apply to gig workers who are currently mostly unregulated, (ii) a requirement that some employers…

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Is Refusing a COVID Vaccine Just Cause for Termination?

MacLeod Law Firm — Thu, 02 Sep 2021 05:00:03 +0000

Your employer has implemented a mandatory COVID vaccine policy. You do not want to get vaccinated. Your employer has told you you will be terminated for just cause if you don’t get vaccinated. This blog discusses your legal rights and obligations. You are required to work in compliance with the Occupational Health & Safety Act (“OHSA”) which, among other things, promotes the prevention of…

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Employer who hires job applicant over an employee’s objection ordered to pay the employee >$ 100 000 in damages

Doug MacLeod — Tue, 02 Apr 2019 14:40:43 +0000

In a recent case, a female employee asked her employer not to hire a male executive because he had sexually harassed her when he had been employed earlier. The employer refused, the employee quit, and claimed, among other things, wrongful dismissal damages and punitive damages. This case deals with the conflict between an employer’s right to hire whomever it wishes and its obligation to provide…

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Can an Employee Stop an Employer from Hiring a Job Applicant?

Doug MacLeod — Mon, 25 Mar 2019 12:56:05 +0000

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Workplace Investigations under the Occupational Health and Safety Act

MacLeod Law Firm — Tue, 11 Dec 2018 14:46:07 +0000

The Occupational Health and Safety Act (OHSA) imposes several obligations on employers to investigate complaints of workplace harassment. When there is an incident or complaint of workplace harassment, OHSA requires the employer to conduct an investigation that is appropriate in the circumstances. An employer has a legal obligation to make the workplace safe so if there is any indication of…

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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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OHSA in Wonderland: Through the Looking Glass

Doug MacLeod — Mon, 15 May 2017 13:20:22 +0000

Section 50 of the Ontario Occupational Health & Safety Act (“ OHSA ”) prohibits an employer from disciplining an employee who has sought enforcement of this law. Guilty until Proven Innocent If an employee alleges a violation of section 50 of OHSA then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate…

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Employer Alert: What to Do When the Ministry of Labour (MOL) Comes Calling

Doug MacLeod — Tue, 18 Apr 2017 15:25:37 +0000

We often get calls from employers who are the subject of a Ministry of Labour (“MOL”) Inspection. Sometimes the employer is a target of one of the MOL’s pro-active enforcement blitzes. For information on the MOL’s 2017-2018 blitzes, click here. And sometimes an employee has called the MOL and lodged a complaint and an investigator has been assigned to investigate the complaint. Why Are The Number…

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Why Employers Are Finding It Increasingly Difficult to Comply with Ontario’s Employment Laws

Doug MacLeod — Tue, 08 Nov 2016 14:20:33 +0000

Lawyers as Forest Rangers You can compare employment lawyers to forest rangers. We prevent legal fires when we, for example, draft employment contracts & legally required policies, and when we provide prophylactic advice such as pre-termination advice. We put out legal fires when we, for example, defend wrongful dismissal actions, human rights complaints, and claims for overtime pay under the…

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Keeping Safe At Work

Katelyn Weller — Thu, 28 Apr 2016 14:21:30 +0000

Today, April 28, is a National Day of Mourning across the country for workers who have been killed, injured or suffered illness as a result of work related incidents. For many of us, we spend the majority of our time at work. Five out of seven days a week are spent working. That’s a lot of time and it’s important that we stay safe at work. Each province has its own health and safety legislation.

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