INTERNATIONAL NEWS: continued “Disgruntled and Aggressive Clients” Posed Safety Threat Under OHSA – continued from page11
her concerns. After a co-worker contacted the MOL with concerns, an MOL inspector came to the workplace and ordered the employer to prepare a violence and harassment policy. The next day, the company dismissed the employee.
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“Don‟t Worry About Me, I Carry Weapons”: Employee‟s Violent Statements Warranted Serious Discipline But Not Dismissal
An electrician‘s comment, ―Don‘t worry about me, I carry weapons‖ and ―it would really feel good to kill something today‖ constituted workplace violence, but did not warrant dismissal, the Ontario Labour Relations Board has held.
The employee had a strained relationship with an Electrical Foreman.When a female co-worker noticed her in distress about the presence of the foreman, she offered to accompany the employee to the washroom. The employee then made the ―weapons‖ comment, afterwards saying that she was referring to the tools that she carries such as an electrician‘s knife and spud wrench, but that she would never harm anyone except to defend herself.
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No Damages Awarded For Unforeseeable Workplace Assault An arbitrator decided that although an employee had demonstrated ―meanness and bullying‖ behaviour towards another employee through numerous disrespectful comments, and the company‘s management was sufficiently aware of his conduct to know that he was mean-spirited and had anger problems, none of his previous actions were physical alterations and there was no evidence that he was on the verge of physically attacking a fellow employee. The assault was not foreseeable by the company.
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No OHSA Charges Laid in Death of Alberta Youth Home Worker A 19-year-old pleaded guilty to second-degree murder after he stabbed to death a youth worker at a supported independent living facility in Alberta in 2012.
Although Alberta Occupational Health and Safety investigated the death the Crown did not pursue any charges under the Occupational Health and Safety Act.
According to the Edmonton Journal, the worker‘s family has launched a lawsuit against the Government. Read m ore
“Red Flags” Were Used To Assess Workplace Violence Threat; Employer‟s Request For Psychiatric Assessment Was Justified
The Human Rights Tribunal of Ontario has ruled that the City of Toronto was justified in requiring an employee to obtain a psychiatric assessment because of ―red flags‖ which included a comment, ―Do you want me to die?‖
The employee‘s handling of a tense security-related incident involving anti-poverty activists was questioned. When asked by a City security supervisor for more information about the incident, the employee said, ―Do you want me to die?‖ The supervisor testified that he found the comment, ―Do you want me to die?‖ to be concerning and that he felt that he had an obligation to follow up for health and safety reasons. He testified that he was concerned as he did not know what was going on in the applicant‘s mind.
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