Occupational Health & Safety

With the spread of the novel 2019 coronavirus, employers may face significant disruptions in the workplace.

As of January 30, 2020, the World Health Organization declared the coronavirus outbreak a public health emergency of international concern. Officials from the Public Health Agency of Canada have stated that the risk of a major outbreak in Canada remains low, but has encouraged extra precautionary measures. Two cases in Ontario, and one in British Columbia have been confirmed.

Employers should be aware of the legal framework within which they can prepare, manage, and address developments caused by the spread of this virus.
Continue Reading The Coronavirus: How Ontario Employers Can Prepare

Forty percent of Canadian workers experience bullying on a weekly basis. Moreover, 7% of adult internet users in Canada self-reported experiencing cyberbullying at some point in their life. The most common form of cyberbullying involves receiving threatening or aggressive emails or instant messages.[1]
Continue Reading Beyond the Playground: Stamping out Workplace Cyberbullying

Recent arbitration decisions confirm that conduct amounting to harassment or bullying will not be tolerated in unionized workplaces and that an appropriate investigation needs to be carried out in response to a complaint. The approach is consistent with decisions concerning harassment in non-union workplaces, increased legislative protections for workers and a changed social climate brought on by the #MeToo movement.
Continue Reading Harassment or Blue Collar Culture? A New Standard for Shop Floor Conduct

As we reported in our earlier post, in Merrifield v The Attorney General, 2017 ONSC 1333, the Ontario Superior Court allowed an employee’s claim against his employer and two superiors for the “tort of harassment” and awarded significant damages against the defendants as a consequence. In its decision released today, the Ontario Court of Appeal (“ONCA”) held that there is currently no independent tort of harassment in Ontario, overturning the lower court’s decision. However, the ONCA did not rule out “the development of a properly conceived tort of harassment” that may apply in appropriate contexts.
Continue Reading The Verdict is In: Ontario Court of Appeal Finds No Tort of Harassment (Yet)

One of the clearest messages from the #MeToo movement has been that sexual harassers need to be held accountable for their actions. This message has resonated with employers and most now appreciate that they need to promptly investigate and appropriately address misconduct once they become aware of it. But employer obligations extend beyond remedial action and include, in Ontario and other jurisdictions, implementing preventative policies and educating employees on the policies.

However, a new US research report indicates that policies aren’t enough and employers need to pay attention to certain warning signs in the workplace to effectively stem sexual harassment. The report’s authors contend that organizational climate is the greatest determinant of sexual harassment occurring in a workplace. In fact, corporate culture can either encourage or discourage an employee to harass, according to the authors.
Continue Reading Is Your Workplace Prone to Sexual Harassment? 5 Warning Signs to Watch For

Earlier this year, the Supreme Court of Canada (SCC) refused the union’s leave application in Suncor Energy Inc v Unifor Local 707A, 2017 ABCA 313 (Suncor ) thereby leaving the Alberta Court of Appeal’s (ABCA) ruling intact. The ABCA had held that evidence of substance-related safety risks across an employer’s workforce (including both union and non-union workers) may be taken into account when assessing the permissibility of random testing of unionized workers.

Suncor  is a favourable result for employers because it is in step with taking a holistic approach to workplace safety. But it is by no means a green light for drug and alcohol testing in the workplace. With the legalization of recreational use of cannabis fast approaching, we outline the current state of the law and key best practices for workplace impairment testing.
Continue Reading Legalization Draws Near, Where are We Now on Employee Testing?

Recreational cannabis is very much in the spotlight as the date for legalization approaches. Yet issues related to employee use of medical cannabis are still front and centre for many employers, as demonstrated by a pair of recent arbitration decisions: Re IBEW, Local 1620 and Lower Churchill Transmission Construction Employers Assn. Inc. (Uprichard) (2017), 281 LAC (4th) 246 (“Lower Churchill 1”) and Re Lower Churchill Transmission Construction Employers Assn. Inc. and IBEW, Local 1620 (Tizzard) 2018 Carswell Nfld 198 (“Lower Churchill 2”).
Continue Reading Inability to Monitor Residual Impairment From Medical Cannabis May Constitute Undue Hardship

This is the final article in our three-part series on recent changes to Alberta’s labour and employment legislation. Here we outline changes to Alberta’s occupational health and safety (“OHS”) and workers’ compensation legislation resulting from Bill 30: An Act to Protect the Health and Well-being of Working Albertans.
Continue Reading Alberta Strengthens Workplace Safety Legislation

In 2013, the Supreme Court of Canada confirmed that, before employees in safety sensitive positions can be subjected to random drug and alcohol testing, it must be established that there is a general problem of substance abuse in the workplace (see our article summarizing that decision here)But what evidence is relevant to this inquiry? Should the employer consider its entire industry, its particular worksites, or just the employees in a particular bargaining unit?
Continue Reading Alberta Court of Appeal Weighs in on Evidence Supporting Random Testing

In the recent decision of Humber River Regional Hospital and Ontario Nurses Association (“ONA”) (Cherubino Grievance), an Ontario arbitrator dismissed the union’s grievance alleging harassment by a supervisor and found that neither management duties nor the employer’s internal investigation process should be held to a standard of perfection.
Continue Reading Management Duties and Complaint Investigations: Perfection Not Required