Bullying Employer K.O.’d in Ontario Workplace Violence and Failure-to-Post Case

Aldo Sarra, supervisor for Pro-Cut Concrete Cutting Ltd., physically assaulted John Owens, one of Sarra’s employees. Less than two weeks later, Sarra threatened to kill another employee, Jean-Guy Herron.

Both Owens and Herron were members in good standing of the Labourers’ International Union of North America (LIUNA). The union promptly filed a workplace violence grievance with the Ontario Labour Relations Board (OLRB) who found that Sarra’s actions violated Bill 168 (also known as the Bully-Busting Bill). Bill 168 introduced workplace violence provisions into Ontario’s Occupational Health and Safety Act (OHSA).

Additionally, an OLRB investigation concluded that Pro-Cut Concrete Cutting did not post the workplace violence and harassment policies or programs, as required by Ontario’s Occupational Health and Safety Act. Pro-Cut Concrete Cutting did not participate in the hearing.

Outcomes

Pro-Cut Concrete Cutting was ordered to:

  • Comply with the Province’s OHSA.
  • Provide full compensation to Herron and Owens for hours worked and vacation time.

The OLRB scheduled a separate hearing to consider assessing damages for mental distress to the employees who were victims of workplace violence.

Ontario OHSA Posting Requirements

Employers with locations in Ontario are required to:

  • Post a copy of the OHSA and explanatory material, both in English and the majority language of the workplace, outlining the rights, responsibilities and duties of workers.
  • Prepare and review at least annually a written occupational health and safety policy and develop and maintain a program to implement that policy.
  • Post a copy of the occupational health and safety policy.
  • Provide to an employer-designate health and safety committee or to a health and safety representative the results of a health and safety data (injuries, illnesses, etc.).
  • Advise workers of the results of the health and safety report (if the report is in writing, employers must make it available to employees in written form).

About the OLRB

The Ontario Labour Relations Board is an independent, quasi-judicial tribunal mandated to mediate and adjudicate a variety of employment and labor relations-related matters under a number of Ontario statutes. They provide guidance on cases involving:

  • Establishing or terminating bargaining rights in a workplace
  • Trade unions’ duty of fair representation or referral of its members
  • Unfair labor practices by any workplace party
  • Illegal strikes or lockouts
  • Grievances to arbitration in the construction industry
  • Accreditation in the construction industry
  • Unlawful reprisals

Need Help Navigating Canadian Labor Law Posting Requirements?

If you have multiple employment locations in the U.S. and Canada and would like to simplify your labor law poster compliance program, visit GovDocs’ Canadian Posting Compliance page to learn more about how we can help.

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