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Lack of evidence works against employer at the HRTO

September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, 0

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

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Employee’s age justifies wrongful dismissal damages of 24 months

March 15, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.

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Poisoned work environment, discrimination, and undue hardship under the “Code”

June 22, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development

A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.

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The importance of documentation when dealing with a human rights complaint

March 26, 2014 Christina Catenacci Human Resources, Human Rights, Recruiting and Hiring

This human rights case demonstrates the importance of preparing and maintaining proper documentation when interviewing job applicants for a position with the employer. In fact, the notes of the hiring manager in this case highlighted the fact that there were other reasons for not hiring a job applicant—and those notes likely prevented the employer’s liability.

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The impact of human rights legislation on the interview process

April 23, 2013 Earl Altman Accessibility Standards, Employee Relations, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment

Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.

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Air Canada’s mandatory retirement practice upheld

August 7, 2012 Christina Catenacci Human Resources, Human Rights

A recent decision by the Federal Court of Appeal has upheld the mandatory retirement practice for Air Canada pilots. This decision overturns earlier findings by the Federal Court of Canada and the Canadian Human Rights Tribunal that contractual provisions forcing Air Canada pilots to retire at 60 violated the Canadian Charter of Rights and Freedom.

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Pretty hazards: the accessible built environment

July 17, 2012 Suzanne Cohen Share Accessibility Standards, Human Resources, Human Rights, Standard for the Built Environment

A photo of a beautifully designed stairway with an integrated accessibility ramp recently caught my eye. It is a fine example of a creative and attractive solution to a problem we are seeing more and more. Unfortunately, I think the stair is actually a hazard for anyone who uses it, not just persons with disabilities!

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Retiring employee when he reaches 65 on grounds of poor performance

June 25, 2012 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations

The New Brunswick Court of Queen’s Bench recently challenged the Human Rights Commission’s decision to dismiss an employee’s discrimination complaint based on age as without merit. The employer denies discriminating against the employee on the basis of his age, and maintains that the employee was terminated for poor performance.

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Variables affecting length of notice: age

April 9, 2012 Matt Lalande, Lalande & Company Lawyers Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

We know that there is no precise method to determine the common-law period of reasonable notice when terminating employees. What has evolved and has been the most quoted case to help with this is the infamous Bardal vs. Globe and Mail. This case tells us that reasonable notice must be decided with reference to each specific case, considering the character of employment, length of service of the servant, the age of the servant and the availability of similar employment, having regard to the experience, training and qualifications of the servant.

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Mandatory retirement ends for federally regulated employers

January 16, 2012 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Human Resources, Human Rights

The federal government gave royal assent to Bill C-13, Keeping Canada’s Economy and Jobs Growing Act on December 15, 2011. Several of the measures enacted have an impact on employment law for federally regulated workplaces. One of the measures amends the Canadian Human Rights Act to eliminate the mandatory retirement age for federally regulated employees.

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Mandatory retirement has been eliminated − is anyone listening?

September 22, 2011 Earl Altman Employee Relations, Human Resources, Human Rights

Old habits die hard. The Human Resources industry is obviously having a hard time abandoning the notion that 65 is the accepted age for retirement. Since amendments to the Ontario Human Rights Code in 2006, employers are prohibited from discriminating against employees based solely on age. Prima facie compelling retirement at age 65 is a breach of the Code.

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Hearings scheduled to decide retirement ages of Air Canada pilots

August 6, 2010 Christina Catenacci Human Resources, Human Rights

Between November 22 and November 25, 2010, the Federal Court of Canada will hold hearings and then decide whether the mandatory retirement age of 60 years should stand for about 3,000 Air Canada pilots.

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