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The Office of the Chief Coroner of Ontario has recently made recommendations to the Chief Prevention Officer and the Ministry of Labour relating to improved safety for workers in the construction industry. In the Verdict of the Coroner’s Jury regarding the Inquest into the death of Mark Pagavathsing, dated September 21, 2012 (2012 CanLII 66789),
We recently sat down to discuss what employee clients can do both before and during their first meeting with us to contribute to the exchange being successful. These are the clients who seek our advice in terms of a possible wrongful dismissal, a sexual harassment complaint, helping them respond to an offer of employment, or
I’ve been following the news reports over the last few weeks covering the story of disgraced cyclist, Lance Armstrong.I’m struck by several things: (1) that Lance continues to admit no wrongdoing, despite mounting evidence of his participation in doping; and (2) the distinctions that are being drawn between sports personalities like Tiger Woods and Kobe
Setting a new “high-water mark” for damages in constructive dismissal cases in Ontario, a jury in Windsor, Ontario has awarded a former Walmart employee $1.46 million in damages, after finding that she was constructively dismissed. In delivering its verdict on October 10, 2012, the jury concluded that the employee had suffered abusive treatment, including mental
In the last month, two personal injury cases have crossed my desk that have left me wondering how aggressively employers and their lawyers will or should incorporate social media searches to examine a terminated employee’s mitigation efforts.Perhaps this is already happening. In both cases, the social media profiles of plaintiffs who claimed they were injured
On September 15, 2012, a Toronto gas station attendant was killed after reportedly being dragged and run down by the vehicle of a customer who was attempting to leave the station without paying for fuel. This incident is a tragic example of the type of workplace violence that motivated the Bill 168 amendments to the
A case that made the papers late last week, is a good example of why employers should not believe everything they see or hear about an employee from social media or that is communicated to them electronically. In taking a closer look at this recent example, we offer suggestions on how employers could handle issues
In a tragic and well-publicized occupational safety accident that occurred in Toronto on Christmas Eve 2009, four workers of Metron Construction Corporation (“Metron”) were killed and a fifth was seriously injured when the swing-stage they were standing on collapsed 13 stories above the ground. Investigation into the incident revealed that none of the workers who
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