Federal Work Refusals Now Require "Imminent or Serious Threat" – continued from page 11


October 31, 2014. The federal government amended the definition of "danger" to "ensure that work refusals are used only when employees are facing an imminent or serious threat to their life or health."


The federal Labour Program also states, on its website. "The refusal to work process has been amended to clarify when the employer and health and safety committee (or representative) must conduct their investigations and the Labour Program has developed a report template that can be used to record the findings.


Source: www.dentons.com Read more


Mental Health And Workplace Violence: Don’t Bring Tupperware To A Knife Fight


An Ontario arbitrator has upheld the termination of a 58-year-old custodian with 36 years of discipline-free service (T.K.), finding that T.K.‘s post-event counselling and anger-management training was insufficient to provide confidence he would not commit further acts of workplace violence.1


T.K. was in the employer‘s lunchroom with three co-workers. When one co-worker, Mr. V, finished his lunch, he had difficultly closing a Tupperware container and banged on its lid making several loud noises. T.K., sitting opposite Mr. V, became greatly annoyed by Mr. V‘s efforts to close the Tupperware. In response, T.K. produced two knives and asked him, ―Would you like the curved blade or the straight blade?‖


Not recognizing T.K.‘s growing rage, Mr. V began to laugh. T.K. then slashed several times at Mr. V‘s groin before connecting with his arm. Mr. V was able to exit the lunchroom and seek first aid. Shortly thereafter, Mr. V again encountered T.K. by chance and T.K. told Mr. V, ―You are lucky I did not stab you in the heart.‖


Later that day T.K. was charged with assault causing bodily harm and uttering death threats. He subsequently pleaded guilty to both charges and received a 12-month suspended sentence, inclusive of court-ordered anger-management counselling.


Source: www.nortonrosefulbright.com/ Read more


Termination Upheld For Workplace Violence Threats


In the recent decision UFCW, Local 1400 v Prairie Pride Natural Foods Ltd, 2013 CanLII 82240 (SK LA), a Saskatchewan arbitration board upheld the dismissal of a long-term employee for workplace violence and harassment threats. The grievor worked as a Hanger in the employer's poultry processing plant. He had been employed for five years, which was a lengthy period of employment for the workplace which had high turnover. In September 2011 the grievor was suspended 3 days for elbowing another employee in the chest and yelling and swearing at him. In May 2012 the grievor threatened to come at the same employee with a knife and threatened to assault and kill them. The grievor was terminated in June 2012 and grieved the termination.


The grievances were dismissed and termination upheld. Source: www.nortonrosefulbright.com Read more


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