Crown Law’s review of WorkSafe’s prosecution function makes for interesting reading - a short summary of the key findings can be found below. The criticisms made in the report regarding the confusion and uncertainty within WorkSafe regarding its remit, priorities and goals when exercising its prosecution function will likely be addressed by WorkSafe’s recently released strategy and priority plans. Aside from canvassing those matters, the review contains an interesting discussion about the use of enforceable undertakings as an alternative to prosecution. WorkSafe appears to be receptive to feedback from stakeholders to change the circumstances in which it will enter such an arrangement (and take a more permissive approach in that regard). Relative to prosecutions, enforceable undertakings present a tangible opportunity to improve health and safety practices and outcome at both an organisation and sector level. Given that prosecutions do not appear to be making a dent in the statistics regarding workplace fatalities and injuries, we hope to see changes in WorkSafe’s practice which makes it easier for PCBUs to enter enforceable undertakings. Matthew Ferrier Stacey Shortall Gillian Service Aaron Lloyd Maria Sopoaga

I recently attended the MAD World Legal Industry Summit, where I heard some interesting new wellbeing initiatives that law firms are running. This got me thinking. With wellbeing such a trending issue, most law firms must be trialling new ways to improve wellbeing for their teams. If so, there must be some innovative ideas out there that might benefit us all. If your law firm is doing something creative to support your wellbeing, please share it in the comments below.

In a recent ruling by the Superior Court of Justice in Ontario, the wrongful dismissal claim of a former health and safety manager was dismissed because of her handling of a workplace injury. The manager, who had been with the company since 2006, faced termination after it was discovered that she delayed reporting an accident she experienced in the company's parking lot on March 28, 2019. The manager initially claimed that she had been too embarrassed to report the accident, a sentiment she believed justified her delay. However, upon investigation, it became apparent that she had misled her employer and the court about how and when the incident was reported. The court found she had manipulated the information provided to her superiors and the court, particularly by exploiting her relationship with a co-worker to conceal the true timeline and details of the event. This deception led to a breakdown in trust with her employer and culminated in her termination for cause. The court emphasized that the manager’s dishonesty went beyond mere procedural non-compliance; it represented a severe breach of ethical standards expected of someone in her position. This breach was significant enough to justify her dismissal, as it directly conflicted with the fundamental responsibilities of her role, especially in managing the integrity of workplace safety reporting. This decision highlights the importance of honesty and integrity in the human resources and safety sectors, illustrating how breaches in trust can severely impact professional standings and employment status. To read more about the case, tap the link: https://ow.ly/CrWC50RG2RN #LegalNews #LegalDecision #HealthandSafety #WSIB #WrongfulDismissal #EmploymentLaw #TorontoEmploymentLawyer #LabourLawyer #TorontoLabourLawyer #LegalInsights #SwannLaw

Please see the analysis of my partner in our national OHS Practice Group, Jeremy Warning, on the Ford government’s latest proposal to introduce minimum Ontario OHSA sentences in specific circumstances. A recipe for safer workplaces? Crushing minimum fines for small businesses who will potentially be bankrupted? Or simply more OHS litigation? https://lnkd.in/gfQMs4p7

In a grievance arbitration decision issued on November 11, 2024, Arbitrator Mark Hart addressed a dispute over the appointment and use of an external workplace investigator. One of the main issues was whether the same investigator could conduct both a preliminary assessment and full investigation into a complaint. Highlights from the Decision: 🔹 If a retainer agreement refers to a “legal services relationship” or similar language, it creates a client-solicitor relationship between the investigator and the employer. This results in a reasonable apprehension of bias and conflict of interest with the investigator. 🔹 Barring any language such as set out above, there is nothing improper about: ◦ The same investigator conducting both a preliminary assessment and full investigation into the same allegations ◦ Preparing a statement of allegations based on discussions with the complainant; and ◦ Identifying respondents 🔹 Again, barring any language as set out above, an investigator can engage in discussions with the employer about their obligations under the Occupational Health and Safety Act and with respect to procedural fairness, which fall squarely within the investigator’s role. Case: Toronto Metropolitan University and Toronto Metropolitan University Faculty Association, 2024 CanLII 109523 (Arbitrator Mark Hart) Read more on our blog here: https://lnkd.in/gZmpvS_z Find the full decision here: https://lnkd.in/dM4gGU6u

This recent arbitration decision reviews whether external legal counsel for an employer can act as an independent investigator, concluding that they cannot. This also raises the question of whether a different lawyer from the same firm can be an independent investigator. What are your thoughts? The decision also clarifies what functions an independent investigator can engage in within their role. See more below. #Investigations #Independence #Impartiality #Conflict #Fairness

Robert Spicer's 'Health and Safety Horrors' Part 3 At Chronicle Law, we’re committed to keeping you informed of recent legal updates. This morning we bring you Part 3 of Bob Spicer's of Frederick Place Chambers 'Health and Safety Horrors'. In this latest article, we present highlights from Robert Spicer’s own reporting of case law updates in health and safety employment law. Part 3 highlights include: 🏠 Workplace Safety in residential homes 🏥 Protecting Vulnerable Patients 👩⚕️ Care Home Failures and safeguarding concerns ⚗️ Chemical Hazards These cases remind us of the importance of proactive risk management and stringent compliance within health and safety regulations. 📖 Read Robert Spicer's article in full here https://lnkd.in/dSyiE5ri #HealthAndSafety #WorkplaceSafety #LegalInsights #ChronicleLaw #RobertSpicer

Are psychological safety laws being rendered ‘useless' in small law firms?: Addressing psychological safety in the workplace is a new imperative for Australian businesses, with significant consequences for falling short. According to one lawyer-turned-psychological safety professional, small law firms are struggling to implement strategies that can create a safer work environment. https://bit.ly/4ekQcus

Are psychological safety laws being rendered ‘useless' in small law firms?: Addressing psychological safety in the workplace is a new imperative for Australian businesses, with significant consequences for falling short. According to one lawyer-turned-psychological safety professional, small law firms are struggling to implement strategies that can create a safer work environment. https://bit.ly/4ekQcus

As legal professionals, we must recognize the psychosocial risks that come with our practice. However, it's crucial to manage these hazards in accordance with the work health and safety Code of Practice. Want to learn some practical steps to take? Check out my latest article in the Queensland Law Society Proctor Magazine, where I propose some easy-to-implement measures that leaders can take to mitigate these risks. #psychologicalsafety #lawfirms #workhealthandsafety #mentalhealthatwork