1 Eric suffered a nervous breakdown after he was terminated from the job, he had held for almost 13 years. Hearing about recent amendments to the WSIA, Eric decides to apply for WSIA benefits based on the traumatic mental stress he experienced because of his termination. Based on these facts, will his application be successful?

2 Gracie was employed by a public service organization that leased space in a hospital. She rented a parking spot in a lot about 1.5 kilometers from the hospital. She was walking from that lot to the hospital prior to the start of her shift when she slipped and fell on a grassy area owned by the hospital that was between a public road and the hospital's parking lot. The worker applied for WSIB benefits. Based on your understanding of Ontario's WSIA system, will Gracie's injury be covered by WSIA benefits?

3 1.Sean had been a bus driver for six years when, rather suddenly, he began having serious back and knee pain in April 2008. After seeing his doctor, he filed a claim for WSIB benefits because he believed his physical problems were related to his job. He argued that the jabbing pain in his lower back and pain and numbness in his knees stemmed from innumerable hours spent sitting while driving. These symptoms were compounded by his having to drive an older bus, which produced excessive vibration; the repeated pressure of holding the gas and brake pedals; and his having to drive along a route where there was considerable construction. Similarly, he believed the knee pain, for which he ended up having surgery, was caused in part by repeatedly hitting his knee on the fare box. Despite these arguments, Sean's WSIB claim was rejected by the first WSIB case manager, who did not believe his problems were related to his job duties. The employer put him on short-term disability benefits, but Sean appealed the WSIB's denial of benefits to the WSIAT. What type of factors do you think the WSIAT would consider relevant in deciding whether Sean's physical ailments arose "out of and in the course of" his employment, as required for Sean to receive benefits.

4 1.Pierre's job was marking locations for workers to build concrete building structures based on blueprints. One day his car was damaged while parked in the lot beside the construction site, which was fenced off for use by construction workers. A few days later, during normal working hours, Pierre approached the individualan employee of a different firm working at the sitewho he thought was responsible for the damage to his vehicle. That person swore at him and then attacked him. The perpetrator was charged and later convicted of assault for causing Pierre serious injuries. Pierre reported his injuries to his employer, who filed a WSIB Form 7 report on the basis that the parking lot was part of the workplace. In your opinion, is Pierre eligible for workers' compensation benefits?

5 . Union members were complaining that the employer was not doing enough to stop personal attacks targeting the transit workers that made them feel "bullied, intimidated, harassed and threatened." For example, the employer's response to abusive tweets by customers was to show an empathetic response which left the impression that the employer agreed with the allegations without first investigating them. The union was asking, among other things, for the employer's Twitter account to be shut down, alleging that the employer had failed to protect bargaining unit employees from harassment, contrary to its Workplace Harassment Policy (based on its OHSA obligations). Did the employer fail to meet its obligations under the OHSA? If you were the arbitrator, what order would you make in this situation? Explain your answer.

6 Go to the following website for the Ontario Ministry of Labour (Health and Safety): https://www.labour.gov. on.ca/english/hs/index.php. Form groups of three to four people and have each member choose a different recent decision listed under the "Court Bulletins" section of the website. For that decision, each group member should summarize: its facts; the health and safety issue involved (locate the OHSA provisions cited); and the fine or sentence levied. Each group member should give a mini-presentation (1-2 minutes) on their decision to the other group members. Once each group member has presented, the group should collectively come up with several (3-5) common themes or comparisons between the cases chosen.

7 Kyle was an excavator operator with two years' service who became angry at a co-worker for allegedly driving his loader too fast and too close to his own excavator. After hearing Kyle's complaints, the assistant manager agreed to observe the load operator that morning. However, when he reported to Kyle that he had not seen anything wrong with the load operator's driving, Kyle became agitated. The load operator and manager were brought in, and the others heard Kyle say, while pointing at the load operator, something like, "I could kill you six times over." Kyle was escorted out of the office and later terminated for uttering a verbal death threat against another employee. (Kyle's previous disciplinary record included a written warning and a three-day suspension for operating equipment improperly.) Kyle grieved his dismissal, claiming that he had said, "I could have almost killed you six times," referring to the close calls he felt he had had. Although he agreed that his outburst was wrongand that it could be perceived as a threathe did not apologize. What do you think the arbitrator decided? Explain your answer.

8 Read the Toronto Star article entitled "Undercover in Temp Nation" by Sara Mojtehedzadeh and Brendan Kennedy at http://projects.thestar.com/ temp-employment-agencies/. Then review the FYI box entitled "Concerns for Assignment Workers CulminateBrieflyin Wage Parity Provisions." Discuss whether, or to what extent, the 2017 wage parity amendments under Bill 148 (now repealed) would have been able to address the types of problems that the assignment employees in the article faced.

9 Over the past decade there has been a significant trend toward non-standard work. The shift to contract (fixed-term), part-time, and temporary work, as well as to self-employment, means that a stable, permanent job with full-time hours and benefits is no longer the predominant form of employment (Law Commission of Ontario, 2012, p. 7).

a. What are some of the negative aspects of working in non-standard work from an employee's point of view?

b. Are there any benefits of a non-traditional employment relationship from an employee's point of view?

c. What are the benefits of non-standard work from an employer's point of view.

10 . Look up provincial and territorial minimum wage rates throughout Canada (see http://srv116.services.gc.ca/ dimt-wid/sm-mw/rpt1.aspx).

a.Which jurisdiction currently has the highest minimum wage? Which has the lowest? What are some of the factors upon which the level of minimum wage is based?

b.There are many arguments for, and against, a large hike in Ontario's minimum wage. Read the article "Will a $15 Minimum Wage Be Good for Ontario? Two Experts Debate" at the following link: http://www.cbc.ca/news/opinion/minimum-wage -debate-1.4143772. Which side of the argument do you think makes the most sense? Support your answer.

11 special rules and exemptions under the ESA. Choose one of the current occupations or industries that is exempt from one or more of the ESA standards. Discuss the possible reasons for the exemption and whether those reasons continue to make sense. Should the exemption be removed? What implications would that have for the workplace? To locate a list of exempt occupations or industries, go to the Ministry of Labour website at https://www .labour.gov.on.ca/english/es/tools/srt/index.php.

12 Go to the Ontario Ministry of Labour's Convictions Archive at https://www.labour.gov.on.ca/english/es/ pubs/enforcement/convictions.php and look up one of the more recent months for which there is data.

a. What employment standard was most frequently violated in that month?

B. What is the average amount of the penalty imposed? Do you think this amount is appropriate? Support your answer.