Tag: Ontario Labour Relations Board

Sleep much? Board finds that dozing off on the job is not willful misconduct

by Avneet Jaswal Can an employer terminate an employee for sleeping on the job on multiple occasions? The Ontario Labour Relations Board concluded that such behavior may give rise to just cause for dismissal. Can sleeping on the job amount to “willful misconduct” eliminating the employer’s obligation to pay statutory notice and severance amounts? Well, […]

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Contracting out union work – comparing cases

By Brian P. Smeenk An interesting series of recent labor tribunal decisions provides lessons about the application of contracting out clauses in union agreements. These cases demonstrate how virtually the same collective agreement requirements can be handled quite differently, with dramatically different outcomes. They also demonstrate that contracting out bargaining unit work in the face […]

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Expansion of workplace harassment and violence reprisal complaints?

By Rosalind H. Cooper Most occupational health and safety statutes across Canada contain provisions that prohibit employer reprisals for workplace health and safety matters. While the outcome of complaints made by workers regarding employer reprisals is always fact specific, employers had been taking comfort from several recent decisions. Those decisions suggested that complaints regarding employer […]

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Employers on their own for compliance with health and safety orders

by Rosalind H. Cooper Employers in many Canadian provinces have often looked to Ministry of Labour inspectors to provide guidance to assist them in complying with their obligations under various occupational health and safety statutes and regulations. Employers often request such advice because they believe that Ministry of Labour inspectors, who visit multiple workplaces and […]

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