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News and Discussions on Payroll, HR & Employment Law

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Provincial Offences Act

What to do when the MOL comes calling

This blog discusses a group of orders that a MOL inspector recently imposed on a small employer after an employee complained that she had been harassed at work.

 

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Defendants’ apologies found not admissible in civil proceedings or pleadings

The Apology Act is lesser-known piece of Ontario legislation which came into force in 2009. The Act allows defendants in a civil proceeding to communicate sorrow or regret to the other party, without their apology being used against them later in court.

 

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Swing N Scaff Inc. and company director fined a total of $400,000 in deaths of four workers

Last January, I wrote about fatalities at work, and in particular, the Metron Construction and Swartz decisions. Since then, there has been some developments.

 

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Following an OHSA order is not a mitigating factor in sentencing

At trial, the employer was convicted of two offences under the OHSA and fined $25,000 for each offence. In determining the sentence, the Justice of the Peace (JP) noted that although the maximum fine for each offence was $500,000, the employer was not a particularly large operation, the injury was not particularly grave, nor did the accident occur as a result of the wilful disregard of a known hazard. The JP also acknowledged that the employer had taken steps “to establish a safe working environment” prior to the accident occurring.

 

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Metron construction director fined $90,000 under OHSA

On July 13, 2012, Joel Swartz, the director of Metron Construction Corporation, was fined $90,000 after pleading guilty to violations of the OHSA after four workers were killed and another worker was seriously injured.

 

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Organization fined for violating OHSA after a worker was injured

The Ontario Ministry of Labour recently emailed their latest Court Bulletin indicating that a company that makes plastic auto parts received a hefty fine of $50,000 for violating the Occupational Health and Safety Act after a worker was injured.

 

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