Entries by BirdRichard

Employer Liable for Employees Assaulting Each Other

In a recent 2019 decision, Bassanese v. German Canadian News Company Limited et al., the Court has concluded that an employer can be held vicariously liable where one employee assaults another employee. This case involved two employees who did not like each other. Dhanani was employed as an accounts receivable clerk. Bassanese worked in an […]

Constructive Dismissal for Hiring a new Employee

The Court of Appeal of Ontario has recently affirmed the Colistro v. Tbaytel decision from the Superior Court. This case involved allegations by an employee who commenced an action for constructive dismissal, intentional infliction of mental suffering, and wrongful dismissal. Colistro worked for Tbaytel, and its predecessor, the City of Thunder Bay, for nearly 20 […]

No Tort of Harassment in Ontario: Ontario Court of Appeal

The Ontario Court of Appeal has concluded that there is no the tort of harassment in Ontario. By way of background, the employee was a junior RCMP constable when he began and had been promoted to sergeant. The relationship between management and the employee became tense when the employee ran for a nomination for a […]

Nurse Reinstated after Theft of Narcotics from the Workplace

On January 10, 2019, Arbitrator Larry Steinberg released a decision reinstating a nurse who had violated numerous workplace policies, committed theft and falsified medical records. The grievor worked on a full-time basis as a Registered Professional Nurse at a long-term care facility.  She had been employed with the employer for approximately 14 years. The grievor […]

An Employer’s Duty to Accommodate Drug Use in a Safety-Sensitive Position

A recent arbitration decision concerning an employer’s duty to accommodate a medical cannabis user rendered in Newfoundland has recently been judicially reviewed and upheld. The arbitration decision, Lower Churchill Transmission Construction Employers’ Assn. Inc. and Valard Construction LP v. International Brotherhood of Electrical Workers, Local 1620 (Tizzard), 2018 CarswellNfld 198, 136 C.L.A.S. 26, dealt with […]