Skip to Content

Occupational Health & Safety

Nova Scotia government releases "Workplace Violence Strategy"

Jurisdiction: - Nova Scotia

The Nova Scotia government issued the following news release yesterday:

Workplace Violence Strategy Released

A government strategy to reduce the number of violent incidents at work is being unveiled to Nova Scotians today, April 26.

The Workplace Violence Prevention Strategy covers education and awareness, legislation and regulation, compliance promotion, partnership development, information sharing, and evaluation and research. It was developed with public input, and will continue to reflect the experiences and advice of workplaces that implement it.  read more »

"Tell Me Where It Hurts”: Workplace Sexual Harassment Compensation and the Regulation of Hysterical Victims"

Jurisdiction: - Quebec

Finn Makela has written a paper entitled, “Tell Me Where It Hurts”: Workplace Sexual Harassment Compensation and the Regulation of Hysterical Victims" that was published in the McGill Law Journal (2006) 51 McGill L.J. 27. Ms. Makela is a lawyer at Melançon, Marceau, Grenier et Sciortinoin Montreal.

The paper's summary provides:  read more »

New legislation prohibits smoking in Ontario workplaces

Jurisdiction: - Ontario

The Ontario Ministry of Health Promotion issued this news release today:

Ontario Goes Smoke-Free

Historic Law To Protect Ontarians Health

QUEEN'S PARK - Ontarians' right to be free from second-hand smoke is now law.

"The McGuinty government is on the side of Ontarians who are concerned about their health. This unprecedented action is the cornerstone of our Smoke-Free Ontario Strategy," said Minister of Health Promotion Jim Watson. "Tobacco causes about one preventable death in Ontario every 30 minutes; that's16,000 lives in Ontario every year."  read more »

Arbitrator upholds dismissal of 19 year employee who made reference to "going postal" and obtaining shotgun

Jurisdiction: - Ontario
Sector: - Transportation

Amalgamated Transit Union, Local 113 v. Toronto Transit Commission [2005] O.L.A.A. No. 743 (Springate) (December 28, 2005)

"The Hostile Workplace and Employer Liability"

A lawyer at Davis LLP has written a paper entitled "The Hostile Workplace and Employer Liability".

This very comprehensive paper, "examines some of the protections the British Columbia Courts have identified to address psychological harassment in the non-union workplace, including looking at the limits of those protections." Specifically, the author considers:

  1. claims in contract, and in particular, claims for constructive dismissal and consequential damages;
  2. claims in tort, and in particular the claim of tort in intentional infliction of mental suffering; and
  3. claims under statute, and in particular the availability of workers' compensation benefits for stress leave.

The paper also contains on overview of Quebec's psychological harassment provisions.

Physical assualt justified discharge of short service employee, even though provoked by "bullying"

Jurisdiction: - Ontario

National Steel Car Ltd.  v. United Steel Workers of America, Local 7135 [2005] O.L.A.A. No. 585 (QL) (Craven) (September 30, 2005)

"Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals"

Murray Tevlin and Calla Nestibo have written a paper, entitled, "Whistle Blowing in British Columbia: Nervous Reporting and Risky Reprisals" (February 2005). They are lawyers at TevlinGleadle Employment Law Strategies in Vancouver.

The authors state that "For the purposes of this paper, "whistle blowing" refers to employees informing authorities of suspected wrong-doing by his or her employer."

"Restrictions on Tort Claims Under the Workers Compensation Act"

Jurisdiction: - British Columbia

Restrictions on Tort Claims Under the Workers Compensation Act is the name of a paper written by two lawyers at Vancouver, BC law firm of Clark Wilson. The paper, which was updated in May 2004, can be found here.