discrimination
May 22, 2013 Stringer LLP Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation,
In Thompson v. 1552754 Ontario Inc., the applicant was employed as a counter person at the respondent’s coffee shop. The applicant alleged discrimination based on disability when her employer refused to allow her to return to work after a three day absence. The employer would not allow the applicant to return to work without providing it with specific medical clearance that she had returned to her “prior state” of health.
called in sick, damages for lost wages, discrimination, discrimination based on disability, duty to accommodate, employment law, epilepsy condition, feelings and self-respect, hours of work had aggravated her disability, human rights code, human rights tribunal, injury to her dignity, medical clearance, medical information, off work sick, request for medical information, Return to work, safety related concerns, seizure at work, three day absence, workplace accommodation, WSIB obligations
May 16, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with differential treatment in the workplace, how an employee’s dishonesty and breach of confidentiality during a workplace investigation led to termination for cause and how a settlement was easily characterized as a retiring allowance.
Adverse treatment, Disability, discrimination, dishonesty, dismissing for just cause, duty to accommodate, employee’s dismissal, employment law, human rights tribunal, involuntary retirement, just cause, leave of absence, long absence, Pensions and Benefits, retiring allowance, Return to work, settlement, severance payment, tax withholding, termination, terminations, Treating employee negatively, workplace investigation
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.
age, ancestry, ased on race, Canadian Human Rights Act, Citizenship, colour, creed, discrimination, discrimination in employment, discrimination with respect to employment, employment law, employment relationship, ethnic origin, family status, federally regulated employers, gender expression, gender identity, H.R. Departments, hiring process, human rights code, human rights legislation, human rights tribunals, interview process, interview prospective employees, interviewer, job interview, marital status, or disability, place of origin, position being advertised, record of offences, searching for and hiring employees, sex, sexual orientation
April 18, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.
Alberta, Alberta labour arbitrator, damage award, discrimination, duty to accommodate, employee rights, employee with a disability, employment law, employment relationships, Failure to accommodate, Ontario Human Rights Code, Ontario Human Rights Tribunal, Ontario Occupational Health and Safety Act, Probation period, probation periods, probationary period, reinstatement, Workplace discrimination, workplace harassment
April 12, 2013 Adam Gorley Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring, Union Relations,
Imagine you were working as a clerk in a grocery store, and your manager suspected you of stealing some product off the shelf. She has no concrete evidence, only hearsay from a co-worker. An investigation turns up nothing, and you continue working as though nothing had happened. But the manager notified your employer, and your employer added your name to a database of suspected employee thieves, which all sorts of retailers of all sizes subscribe to in order to avoid hiring persons of questionable character.
background check, coercion, collect use or disclose personal information, consent, Criminal Record Checks, databases, disclose personal information, discrimination, due process, employee communication, employee theft, employee theft database, employment law, innocent employees can be harmed, Personal Information Protection and Electronic Documents Act, PIPEDA, police record check, policies on employee theft, positive work environment, provincial privacy laws, reasons for employee theft, suspected thefts
April 4, 2013 Yosie Saint-Cyr Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Standard for Employment, Training and Development, Union Relations,
The Psychological Health and Safety in the Workplace standard was released on January 16, 2013, by the Canadian Standards Association. Canadian companies and employees across the country can turn to a new national standard to help them identify and address psychological risks and mental health issues in the workplace. We wanted to know if employers were aware of any cases of psychological risks or mental illnesses in their workplaces. This is why our last poll asked readers: Have you encountered employees who suffer from psychological risks or mental illnesses (i.e., depression, bipolar) in your workplace?
assess psychological risks, bullying, Canadian Standards Association, discrimination, employment law, harassment, HRinfodesk, identification of psychological hazards, identify and address psychological risks and mental health issues, mental disorders, mental health awareness, Mental Health Commission of Canada, mental health in the workplace, mental illnesses, national standard, occupational health and safety, policies and procedures, policies and processes, Poll Commentary, psychological health and safety program or processes, psychological risks, psychological risks or mental illnesses in the workplace, respectful work environment, Risk factors can be present in the workplace, short- and long- term disability, The Psychological Health and Safety in the Workplace standard, The Public Health Agency of Canada, training programs, unhealthy employees
March 25, 2013 Adam Gorley Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development,
When a workplace supervisor accessed pornographic, racist and other inappropriate material via a work computer and circulated it to employees and employer contacts, the employer had just cause to dismiss him. The employee claimed he was wrongfully dismissed, but the Alberta Court of Queen’s Bench was not convinced and acceded to the employer’s request to dismiss the employee’s claim without trial.
abusing Internet access, Alberta, Business, code of conduct, computer use, confidential information, damaged employment relationship, discipline, discriminating and harassing, discrimination, email messages, employer conducted an investigation, employment law, employment relationship, five-day suspension, harassment, harassment policy, inappropriate material via a work computer, Internet, paid administrative suspension, policies, policies and procedures, safety workshop, supervisor, system usage policy, terminated for cause, termination of his employment, warning letters, workplace supervisor, wrongful dismissal, wrongfully dismissed
March 7, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Privacy and Security, Union Relations,
The three most viewed articles on HRinfodesk this week deal with whether an employer had the right to terminate an employee’s employment without notice , how a government employee alleged discrimination on the basis of disability and the Ontario Labour Relations Board’s decision permitting the use of telematic devices to monitor company vehicles.
Alberta Employment Standards, breach of employment contract, discrimination, discrimination on the basis of disability, duty to accommodate, egregious conduct, employee terminated improperly without notice, employee termination, Employer monitoring, employment contract, employment law, Human rights grievance, legitimate business reasons, Ontario Labour Relations Board, right to privacy, telematics devices, termination, termination without notice, terminations, use of company vehicles, working hours, workplace accommodation, workplace investigation, workplace surveillance
March 5, 2013 Marcia Scheffler Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Union Relations,
The recently publicized news regarding the ban of telecommuting at Yahoo has ensued in a debate about the benefits of flexible work from home versus the requirement to come into work. However the first thought to cross my mind was that this flexible work arrangement only applies to a very small and privileged sector of employees. For example, working in healthcare, I am very aware of the fact that this debate doesn’t apply to nurses or personal support workers.
canadian employment law, childcare obligations, compressed or shorter workweek, discrimination, duty to accommodate, employment law, family status, flexible scheduling, flexible work, flexible work arrangements, flexible work hours, healthcare, healthcare human resources, HR issues, human rights code, job sharing, part-time work experience, policies and procedures, pros and cons of working from home, shifts, telecommute, telecommuting, work-life balance, working from home, workplace flexibility
February 28, 2013 Yosie Saint-Cyr Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits,
The three most viewed articles on HRinfodesk this week deal with EI parental benefits for a twin birth, another federal court ruling on discrimination regarding childcare obligations and how an employer responded to online harassment of management.
35 weeks of parental benefits, acceptable employee behaviour, childcare obligations, discrimination, discrimination on the ground of family status, employee morale, Employment Insurance, employment law, family status, Federal Court, federal court of appeal, management rights, online harassment, parental benefits entitlement, poisoned work environment, unpaid leave, unpaid leave of absence, workplace behaviour, workplace harassment, wrongful dismissal
February 21, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights,
The three most viewed articles on HRinfodesk this week deal with workplace discrimination due to childcare obligations, terminating a disabled employee on sick leave and the need to have clear written policies on employee conduct and discipline.
Canadian Human Rights Tribunal, Child care obligations, childcare obligations, childcare obligations do fall within family status, clear written policies, Disability, discrimination, duty to accommodate, employee conduct and discipline, employee on disability leave, employment law, family status, Federal Court of Canada, human rights law, Ontario Human Rights Tribunal, policies and procedures, sick leave, terminating an employee with a disability, termination, Termination process, termination with cause, terminations
February 19, 2013 Simon Heath Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
Do employers have to accommodate the “childcare responsibilities” of their employees to the point of undue hardship? The Federal Court has confirmed that in the federal jurisdiction the answer is yes subject to the requirement that the childcare responsibility be a “substantial parental obligation”.
Attorney General of Canada and Johnstone, bona fide occupational requirement, Canadian Human Rights Act, canadian human rights commission, Canadian Human Rights Tribunal, childcare obligations, childcare responsibilities, discrimination, Do employers have to accommodate the "childcare responsibilities", duty to accommodate, employers have an obligation to accommodate the substantial parental obligations of their employees, family status, Federal Court, federally regulated employers, flexibility in the workplace, human rights complaints, individualized plan of accommodation, judicial review, policies and procedures, prohibited ground of discrimination, substantial parental obligation, to the point of undue hardship, undue hardship, workplace rule
February 14, 2013 Yosie Saint-Cyr Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
The three most viewed articles on HRinfodesk this week deal with an employer’s dress code, if a criminal conviction can be viewed as a disability and how guetto comments in the workplace can be construed as discriminatory.
canadian charter of rights and freedoms, Criminal convictions, criminal offence, Disability, discrimination, dress and appearance codes, dress code, duty to accommodate, ethnicity, Ghetto comments, offensive comments, Ontario Human Rights Tribunal, outfit was too casual for the workplace, policies and procedures, race, racism, Tatoos, termination
February 11, 2013 Alison J. Bird Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
Across Canada, there is a trend in human rights law to increase protections for transgendered individuals. Last year, Ontario and Manitoba joined the Northwest Territories in expressly including “gender identity” as a prohibited ground of discrimination under their human rights legislation. Ontario also included “gender expression” as a prohibited ground. In addition, Nova Scotia in 2012 added “gender identity” and “gender expression” to its Human Rights Act to protect transgendered persons from discrimination.
access to washroom or changing facilities, availability of leave for treatment related to gender identity, discrimination, Dismissal, dress codes, duty to accommodate, employment law, formal human rights policy, gender, gender assigned at birt, gender expression, gender identity, harassment, human rights code, human rights commissions, human rights legislation in Canada, human rights tribunals, investigate and respond to her allegations of discrimination, legal obligation to not discriminate against transgendered persons, manitoba, medical or legal documentation, non-discriminatory environment, Nortwest Territories, Nova Scotia, ontario, poisoned work environment, policies and practices, prohibited ground, sex assigned at birth, the duty to accommodate to the point of undue hardship, transgendered, transgendered persons, undue hardship, workplace investigation
February 8, 2013 Clear Path Employer Services Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment,
As of January 2013, Canada is now the first country in the world to adopt a national standard for mental health in the workplace. Several health and safety and human rights legislation across Canada already address providing safe and healthy workplaces, the prevention of harassment that includes bullying, sexual harassment, and discrimination based on disability which includes mental illnesses. However, this new standard now gives employers and employees support to make their workplaces psychologically safe and healthy.
Absenteeism, bullying, Conference Board of Canada, CSA, discrimination, duty to accommodate, employment law, harassment, Long-Term Disabilit, mental health, Mental Health Commission of Canada, mental health issues, national standard, national standard for mental health in the workplace, policies and processes, psychological health and safety in the workplace, psychologically safe and healthy, Risk mitigation, sexual harassment, short-term disability, workplaces psychologically safe and healthy
Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
HRinfodesk Poll result and commentary: The presence of psychological risks or mental illnesses in the workplace
April 4, 2013 Yosie Saint-Cyr Accessibility Standards, Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Standard for Employment, Training and Development, Union Relations, 0
The Psychological Health and Safety in the Workplace standard was released on January 16, 2013, by the Canadian Standards Association. Canadian companies and employees across the country can turn to a new national standard to help them identify and address psychological risks and mental health issues in the workplace. We wanted to know if employers were aware of any cases of psychological risks or mental illnesses in their workplaces. This is why our last poll asked readers: Have you encountered employees who suffer from psychological risks or mental illnesses (i.e., depression, bipolar) in your workplace?
Share this:
assess psychological risks, bullying, Canadian Standards Association, discrimination, employment law, harassment, HRinfodesk, identification of psychological hazards, identify and address psychological risks and mental health issues, mental disorders, mental health awareness, Mental Health Commission of Canada, mental health in the workplace, mental illnesses, national standard, occupational health and safety, policies and procedures, policies and processes, Poll Commentary, psychological health and safety program or processes, psychological risks, psychological risks or mental illnesses in the workplace, respectful work environment, Risk factors can be present in the workplace, short- and long- term disability, The Psychological Health and Safety in the Workplace standard, The Public Health Agency of Canada, training programs, unhealthy employees