Ontario Legal Rulings

  • Posted on: 14 October 2014
  • By: Charles Redhead

Here are some of the Ontario court rulings for 2014.

1) Company justified in demoting working for not following safety procedures and then lying about it.  A nylon manufacturing company implemented new safety procedures which required employees to check machines before use and record the information.  An employee claimed he checked the equipment, but didn't record it as the machine was off-line and other workers did the same thing.  The company demoted him and the union filed a grievance.  An arbitrator up-held the demotion saying the worker had violated a serious safety policy and then lied about it.  The ruling also said it was unacceptable for workers to "go rogue" and ignore safety policies.

2) Company ordered to pay worker $5000 for firing her because she complained to the MOL about a lack of a formal workplace harassment and violence policy.   The receptionist at an investment company complained to management that she often felt threatened when confronted by irate investors.  The company ignored her complaints for a formal workplace harassment/violence policy, so she called the MOL.  The day after the inspector came to her workplace, she was fired.  The Labour Relations Board concluded she was fire at least in part because she called the MOL.

3) Metal company fined after worker crushed to death.  A worker was cutting bands which held steel coils together when one of the coils tipped over crushing him.  A trial determined the company's training on how to safely disband the coils wasn't sufficient and the operating procedures for the equipment didn't address known safety hazards.  The company was convicted of failing to provide information, instruction and supervision on how to safely position, move and disband coils and was fined $160,000.

sources...OHS Insider