All fact situations take place in Ontario with non-unionized workers.
1) Rina worked for McCain Foods for 12 years when she was fired, along with a couple of other employees, including her boss, Guido, who has been working for the company for 4 years. Provide statutory support for your answers (i.e. what statute/regulation section provides the answer)?
a) Can they try and get BOTH ESA statutory notice AND Common Law Reasonable Notice?
b) Can they get their jobs back under the ESA?
c) Is there a time limit on when they can file their complaint? Or get a remedy?
- Does the ESA deal with discrimination? If so, which groups does it prohibit discrimination against?
- What three safety rights do workers have under the internal responsibility system? And which of these rights do you think is the most important?
- Why might workers be reluctant to exercise their right to refuse unsafe work?
- What have workers given up and gained under workers’ compensation? Why might workers prefer to receive workers’ compensation instead of seeking redress under the common law?
- What test do WCBs use to determine whether an injury is compensable? Using this test, would a bee sting injury incurred by a worker whose job is outdoors be compensable?
- Go online to access the OHSA and the Guide to the OHSA (links to both provided on the e-class site) (or use the CanLII website (\<www.canlii.org>), to find any jurisdiction’s occupational health and safety statute). Locate the provisions regarding workers’ right to refuse unsafe work. The legal rules may also be found in a regulation that was passed pursuant to the OHSA statute. If you have difficulty finding the section, try searching “right to refuse unsafe work” and Ontario and see if the government has prepared an information website that explains the legal rules (and perhaps links to the legislation).
a. What section states when a worker can refuse unsafe work?
b. What section sets out test(s) must be met for work to be considered unsafe?
c. What section states what an employer must do when a worker refuses unsafe work?
d. What section states what happens if a worker believes the work remains unsafe?
e. What section of the legislation prohibits retaliation against workers for exercising their OHS rights?
Sample Solution
