Ontario Court of Justice
January 24, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Human Rights, Payroll, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with psychological health and safety, a wrongful dismissal claim that applied ‘rule of thumb’ principal and a court ruling about a workplace accident because employee failed to follow instructions.
'rule of thumb, common law, common law notice, damages for wrongful dismissal, Notice of termination, Ontario Court of Justice, Ontario Superior Court of Justice, psychological health and safety, terminations, wrongful dismissal
December 4, 2012 Stringer LLP Health and Safety, Human Resources
As an Ontario employer, it is sometimes hard to shake the impression the standard of OH&S due diligence applied by the courts is so high that defendants are guilty until proven innocent. Our court of appeal has found employers to be “the virtual insurers” of employee health and safety.
Construction Regulations, Due diligence, employee health and safety, employment law, fatal injuries, general duty of employers to take “every precaution reasonable in the circumstances”, guilty until proven innocent, occupational health and safety, occupational health and safety act, Ontario Court of Appeal, Ontario Court of Justice, R. v. Thomas Fuller and Sons Ltd., reasonable precautions, standard of perfection, successfully proven the defence of due diligence, virtual insurers