breach of the safety rules

Court rejects Ministry of Labour’s attempt to assume breach of OHSA in face of strong safety program

June 25, 2019 Stringer LLP Health and Safety, Human Resources, 1

A recent case goes to show that a failure by the Crown to show that an accident resulted from a breach of the Act, combined with a strong employer safety program, can result in an acquittal.

breach of the safety rules, employment law, Health and Safety program, health and safety system, safety program, safety systems, Workplace accident

Proving cause remains an up-hill battle

July 23, 2013 Earl Altman Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation

A recent decision of the Ontario Court of Appeal, confirming a trial decision, once again demonstrates the difficulty employers will face in satisfying courts in this province that there was cause for dismissal.

address performance issues, appropriate amount of notice, breach of the safety rules, canadian employment law, Cardinal Rules, cause for dismissal, comprehensive safety program, discipline, employee investigating the incident, employee misconduct, employment law, entitlement to notice, failing to report the incident, failure to report the error, incident, investigations of the allegations, machinery had to be locked out, obvious hazard to the workers, pay in lieu of notice, policies and procedures, Proving cause, Reporting of workplace accident, safety rules, summary dismissal, termination, terminations, unenforced safety rules, violation of the company’s safety rules, willful misconduct, Workplace accident, workplace investigation