Expansion of workplace harassment and violence reprisal complaints?

June 02, 2013 0 COMMENTS

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 reprisals in relation to allegations of workplace harassment couldn’t be sustained under health and safety legislation. However, a recent decision of the Ontario Labour Relations Board in Ashworth v. Boston Pizza, where an employee was terminated after her manager allegedly confronted her in an angry manner, has changed this view. read more…

Independent Contractors Considered Workers for Health and Safety Purposes

February 21, 2011 0 COMMENTS

By Rosalind Cooper

For years employers across Canada have struggled with the difference between independent contractors and employees. Individuals believed to be independent contractors are often classified as employees after their relationship ends, leading to liability for employment-related severance and other amounts.

The courts, human rights tribunals, and other administrative tribunals are constantly grappling with this issue. Most recently, the Ontario Court of Appeal had to consider the decision in the context of whether independent contractor truck drivers were workers within the meaning of the Ontario Occupational Health and Safety Act (OHSA).

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