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Slaw: Case of employer who discriminated against disabled employee for paying her $1.25 per hour… reconsidered

Last May 2012, an adjudicator upheld a prior Ontario Human Rights Tribunal decision (January 2012) that an employer discriminated against a long-time employee when it was decided to terminate her because she suffered from a disability. However, the damage award based on her $1.25 per hour wage rate was not reconsidered since the employee never complained during the years she worked there. The employee had been awarded damages of $15,000 for the discrimination based on her 10 years at a wage rate of $1.25 per hour.

The outcome of this case did not sit well with the public or the Ontario Human Rights Commission. As a result, another request for reconsideration was filed.

At issue in the second request for reconsideration is the Tribunal’s determination that an ongoing wage differential between disabled and non-disabled employees is not a series of incidents for the purposes of determining the limitation period provided by section 34(1) of the Human Rights Code.

For more, read my latest blog post on Slaw.

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Yosie Saint-Cyr

Managing Editor at First Reference Inc.
Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 15 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more
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