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Posts Tagged ‘workplace investigation’

Important lessons for employers and lawyers on workplace harassment investigations

Friday, November 18th, 2011

A hospital employee faced complaints of workplace harassment from co-workers, and the hospital imposed discipline on him, including a demotion. The employee’s union subsequently filed a grievance with the labour relations board. The hospital retained the services of an independent outside investigator who was also a practicing lawyer. When the union requested access to the investigation report, the hospital claimed solicitor-client privilege, and refused to hand it over…

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Tags: access to documents related to the investigation, Bill 168, bullying, employment law, grievance, harassment complaint, investigation report, investigator, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Board, reprisal, solicitor-client privilege, third-party investigator, workplace harassment, workplace harassment investigations, workplace investigation
Posted in Health and Safety, Human Resources, Union Relations | Make a Comment »

Employers must now treat verbal threats as serious offences under the OHSA’s definition of workplace violence

Wednesday, September 14th, 2011

A recent labour arbitrator’s decision—to uphold the City of Kingston’s right to terminate a 28-year employee for issuing a verbal threat against a co-worker—was based in large part on the arbitrator’s view that “the classification of threatening language as workplace violence” under the Occupational Health and Safety Act represents a “clear and significant change” to the law in Ontario.

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Tags: Bill 168, employment law, inappropriate language, occupational health and safety act, OHSA, ontario, Ontario Labour Relations Act, proportionality, safe workplace, security, termination for cause, threat, threat of violence, uttering threats, verbal threats, violence, workplace harassment, workplace investigation, workplace violence
Posted in Employee Relations, Health and Safety, Human Resources, Human Rights, Internal Controls | 2 Comments »

Slaw: Reporting of critical injury or fatality of a non-worker: The Blue Mountain case

Thursday, June 9th, 2011

A guest drowns in the hotel pool. Does the hotel need to report the fatality to the Ontario Ministry of Labour under subsection 51(1) of the Occupational Health and Safety Act? According to a decision by the Ontario Labour Relations Board (OLRB), the answer is “yes”. On May 18, 2011, the Divisional Court…

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Tags: assess and investigate the hazards that caused the critical injury to occur, Blue Mountain, Divisional Court of the Ontario Superior Court of Justice, hazard assessment, injuries to guests must be reported, ministry investigation, non-work injuries or fatalities, obligation to report, occupational health and safety act, Ontario Labour Relations Board, Ontario Ministry of Labour, Reporting of critical injury or fatality of a non-worker, risk assessment, workplace investigation
Posted in Health and Safety, Human Resources | Make a Comment »

Toronto Humane Society investigation update

Thursday, September 9th, 2010

We reported earlier this year about the perils of bad governance in the case of the Toronto Humane Society. The non-profit organization faced a raid and subsequent investigation after complaints of serious mistreatment of animals, overcrowding, rampant illness and disease, disgusting workplace conditions and generally poor management. The Ontario Society for the Prevention of Cruelty to Animals removed animals from the premises, confiscated documents, arrested the president and senior management and charged them with animal cruelty and conspiracy to commit an indictable offence, and discharged the board of directors and charged them with “non-criminal” animal cruelty.

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Tags: animal cruelty, Charter of Rights and Freedoms, exposure, governance, investigation, investigations, OSPCA, personal information, risk management, Toronto Humane Society, unreasonable search and seizure, workplace investigation
Posted in Finance and Accounting, Human Resources, Internal Controls, IT, Privacy and Security, Not-for-Profit | Make a Comment »

Unspoken and unaddressed harassment claims leads to workplace violence

Friday, August 13th, 2010

I recently read in the news a classic case of unaddressed harassment claims that led to the worst form of workplace violence. This case may stem from the US but all the same principles and warnings apply in Canada as well. The case involves the death of nine people (including the suspected gunman) on Tuesday August 3, 2010, in a shooting rampage at a beer distributor in Connecticut.

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Tags: beer distributor in Manchester, Connecticut, disciplinary hearing, Guides, policies and procedures, policy manual, racial discrimination, racial harassment, resignation, shooting rampage at a beer distributor in Manchester, unaddressed harassment claims, workplace harassment, workplace harassment policy, workplace investigation, workplace violence, workplace violence policy
Posted in Health and Safety, Human Resources, Human Rights | Make a Comment »

Can I wear my flip-flops to the worksite?

Tuesday, July 27th, 2010

Self-employment runs in my family. My sister’s 17-year-old is spending her summer days working in the family cabinet-making business. She reluctantly changed into more suitable footwear before heading out the door this morning.

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Tags: employee orientation, flip-flops, health and safety, health and safety orientation, Ministry of Labour, new workers, occupational health and safety, PPE, protective personal equipment, suitable footwear, workplace accidents, Workplace inspection, workplace investigation, workplace safety, young and new workers, young workers
Posted in Health and Safety, Human Resources | Make a Comment »

The ‘Ministry’ will investigate complaints of harassment… Really??!!

Tuesday, July 13th, 2010

As a human rights advisor and educator I was encouraged to overhear this educational conversation about harassment at Tim Hortons. I was concerned however that part of the message this group was hearing was incorrect and misleading.

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Tags: harassment, harassment prevention, health and safety, health and safety training, investigate complaints of harassment, investigation, ministry inspectors, Ministry of Labour, occupational health and safety, OHSA, Ontario Ministry of Labour, Ontario Occupational Health and Safety Act, Tim Horton, training, violence, violence prevention, workplace harassment, workplace harassment prevention guide, workplace investigation
Posted in Health and Safety, Human Resources | 6 Comments »

‘Hazing’ and ‘horseplay’ in the workplace – a serious matter for the employer

Friday, June 4th, 2010

I recently read an article on “hazing” and “horseplay” in the workplace. Photos and videos revealed incidents where employees were subjected to some very unusual, and downright unacceptable, treatment in the transportation and works department of their municipal employer.

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Tags: anti-harassment, anti-violence, employment law, harassment, harassment in the workplace, hazing, horesplay, Human Resources, human rights, mississauga, occupational health and safety, policy, procedure, violence, violence in the workplace, workplace investigation
Posted in Health and Safety, Human Resources | Make a Comment »

Arbitrator rules against GTAA in favour of employee

Tuesday, June 1st, 2010

“Employees are not like tissues to be used up and then thrown out at a whim into a bin of low-level employment or unemployment.” The arbitrator in a recent case concluded that the Greater Toronto Airports Authority’s conduct in terminating a disabled employee was a violation of its collective agreement…

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Tags: bad faith damages, Canada Labour Relations Act, canadian employment law, damages, discipline, Dismissal, employee return to work, employee surveillance, employment law, Federal Labour Relations Board, general damages, leave of absence, mental distress, punitive damages, sick-leave benefits, termination, Wallace damages, workplace investigation, wrongful dismissal, wrongful dismissal claim
Posted in Employment Standards, Human Resources | Make a Comment »

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