Canada: OHSA Charges Dismissed: Not Appropriate For MOL To Charge Under "General Duty" Clause Where Specific Regulation Addressed Safety Issue

In dismissing Occupational Health and Safety Act charges against an employer arising out of a fatality, an Ontario court has held that it is not appropriate for the Ministry of Labour to charge under the “general duty clause” found in s. 25(2)(h) of the OHSA to “extend requirements beyond those specifically outlined in” the regulations under the OHSA.

In the case at hand, a worker had been welding a large steel product, approximately 6.5 feet […]

By | February 11th, 2015 ||

Canada: Taryn Mackie Contributes To Article In BC Business Magazine

Partner Taryn Mackie, along with Chris Gouglas, senior corporate counsel at Best Buy Canada, provided advice on the Dos and Don’ts of using social media in the workplace. The article, “Like This. Don’t Follow There.” can be found in the February 2015 edition of BC Business Magazine. Authored by Felicity Stone, the article addresses employees’ online responsibilities, establishing guidelines for online forums, and the use of social media in the hiring process, and provides […]

By | February 11th, 2015 ||

United States: Sixth Circuit Finds Faulty Handbook Bars Employer From Challenging Employee’s Eligibility For FMLA Leave

The Sixth Circuit recently held that a Michigan county agency was barred from arguing that its employee was ineligible for leave under the Family and Medical Leave Act (FMLA), because the employee relied on an inaccurate description of FMLA eligibility requirements contained in the agency’s personnel manual when he commenced the absence that led to his termination.

In Tilley v. Kalamazoo County Road Commission, although the employer did not have 50 employees within 75 miles […]

By | February 10th, 2015 ||