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Author Archive Johannes Schenk
Article By Johannes Schenk

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Workers Compensation and OH&S Article

by Johannes Schenk / On April 24, 2008 / In Employment Law, Human Rights Law, Labour Law
See this interesting CBC article on a host of topical workplace health and safety issues.

Bill C-45 Criminal Negligence

by Johannes Schenk / On April 24, 2008 / In Employment Law, Labour Law
See R. c. Transpavé inc. 2008 QCCQ 1598, for a $100,000 fine against an employer for criminal negligence in the workplace.

Employer Liabiltiy for Workplace Accident

by Johannes Schenk / On April 24, 2008 / In Employment Law, Labour Law
The case of R. v. Dofasco Inc., 2007 ONCA 769, is a succinct read on employer liability for workplace accidents. The case concerns Dofasco's failure to ensure the statutorily mandated placement of a guard on a piece of steel rolling…

Testing for Ethanol Impairment

by Johannes Schenk / On April 17, 2008 / In Employment Law, Human Rights Law, Labour Law
While we are on the issue of drug testing, the Supreme Court of Canada has come out with a very important decision dealing with evidence to the contrary in impaired driving cases, R. v. Gibson, 2008 SCC 16. The case…

Imperial Oil Random Drug Testing

by Johannes Schenk / On April 17, 2008 / In Employment Law, Human Rights Law, Labour Law
Last year I had referred to Arbitrator Picher's decision on Imperial Oil's drug testing policy that ruled that random testing for cannabis impairment using a mouth swab was not acceptable. The review of that decsion has now made its way…
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