Resources: Health + Safety
-
A Crack in the Dam? Merrifield v. Attorney General (Ont.) and the Undead Tort of Harassment
October 2017
For many years, workplace law has generally proceeded on the assumption that remedies for harassing behaviour and civil “harassment” were, except in rare cases, outside the purview of the courts. Harassment, as a civil wrong, had developed within the administrative structure of human rights tribunals and grievance processes under collective agreements but there was no generally recognized common law “tort” of harassment.
Read More +
-
Justifying Random Drug and Alcohol Testing in the Workplace
October 2017
In a unanimous decision released Sept 28, 2017, the Alberta Court of Appeal (“ABCA”) upheld a judicial review decision which found that the majority of a grievance arbitration panel (“Majority Panel”) had improperly decided that Suncor’s random drug and alcohol testing policy was unenforceable.
Read More +
-
Right to Refuse Unsafe Work – Federal Developments
March 2017
In BC, a worker has a right to refuse work if he/she “has reasonable cause to believe that to do so would create an undue hazard to the health and safety of any person” pursuant to Section 3.12(1), of the Occupational Health and Safety (OHS) Regulations. There is no general definition of the term “danger” in the OHS Regulations.
Read More +
-
Maintaining Privilege Over An Employer’s Internal Accident Investigation
October 2016
A recent decision of the Alberta Court of Queen’s Bench underscores the importance of taking early steps to retain legal counsel to assist employers with serious workplace accidents. In Alberta v. Suncor Energy Inc, 2016 ABQB 264, certain documents and records created or collected during an accident investigation were protected by litigation and solicitor-client privilege where legal counsel made decisions with respect to the accident investigation within hours of the event.
Read More +
-
When Does Inter-Personal Conflict Become a “Significant Work-Related Stressor”?
July 2016
It is often difficult to determine whether personal harassment, rudeness or simple bad manners meets the threshold of a “significant work related stressor” potentially qualifying the target of such behaviour for Workers’ Compensation benefits.
Read More +
-
Domestic violence in the workplace – not just the NHL’s problem
December 2015
Sadly, it is far too common that we hear of news headlines involving professional athletes charged or convicted of assaulting their partners or spouses, e.g. “Kings Defenseman Voynov Suspended Indefinitely”, and “TSN Analyst Aaron Ward Arrested.”
Read More +
-
The Duty to Accommodate Medical Marijuana in the Workplace
August 2015
Across North America, attitudes towards marijuana use, both recreational and medical, are changing quickly. To the south of our border, several U.S. states, including Washington, Colorado, Alaska and Oregon, have legalized the recreational use of cannabis.
Read More +
-
COVID-19 Update – March 18, 2020
March 2020
British Columbians, as with people the world over, are in uncharted territory. This crisis is unprecedented. Schools, business and government buildings throughout the country are closed down, multiple provinces have declared states of emergency, and our leaders are holding press conferences to update us on the situation as it develops, seemingly by the hour.
Read More +