On October 31, 2016, the Québec Superior Court issued its decision in R v. Fournier, concluding that a business owner’s breach of occupational health and safety legislation supports his committal to trial on a charge of manslaughter under the Criminal Code.
The circumstances leading to this decision began on April 3, 2012, when a worker replacing a sewer line in a trench died due to the collapse of the trench walls.
Mr. Fournier, the owner of the business employing the worker, was personally charged and committed to trial for (1) criminal negligence causing death under section 220(b) of … Continue Reading
Last month, the Government of Ontario introduced two bills which would provide for new leaves under the Employment Standards Act, 2000 as well as new training obligations under the Occupational Health and Safety Act.
Leave proposed for grieving parents
On March 8, 2016, the Government introduced Bill 175, Jonathan’s Law (Employee Leave of Absence When Child Dies), 2016. Under Bill 175, an employee who has been employed by his or her employer for at least six consecutive months will be entitled to a leave of absence without pay of up to 52 weeks if a child of the … Continue Reading
As we wrote about late last year, the Government of Ontario has moved forward with its plan to address sexual violence and harassment. Last week, Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2015, received Royal Assent.
While Bill 132 amends various legislation, employers should pay particular attention to the changes to the Occupational Health and Safety Act which aim to bolster employee protection from workplace harassment. These changes impose a September 8, 2016 deadline on employers that requires them to address the following:
… Continue Reading
- Review (and if necessary, amend)