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Reinstatement of employment at the Human Rights Tribunal

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

 

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“Asking for trouble”: BC Human Rights Tribunal considers whether interview questions crossed the line

The interview process can be a legal minefield for employers. One false step, one inappropriate question can give rise to a human rights complaint alleging that the employer has discriminated against the prospective employee.

 

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Update on genetic discrimination provisions in human rights legislation

Canada is on its way to including genetic discrimination provisions in its human rights legislation. Since March 2017, some interesting developments have occurred.

 

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Recent decision upholds reasonable prospect criteria

The Tribunal does not have the general power to deal with allegations of unfairness, as the Tribunal’s jurisdiction is exclusive to issues of human rights and discrimination. In order for an application to be successful, the applicant must establish a connection between one or more of the protected grounds and behaviour on the part of the respondent.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with four new prohibited grounds of discrimination, the Suncor employee drug testing fight and 2018 salary projections.

 

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SCC upholds dismissal of employee for failing to disclose cocaine use in violation of no free accident rule

The no free accident rule is designed to encourage safety by encouraging employees with substance abuse problems to come forward and obtain treatment before their problems compromise safety. In Stewart v. Elk Valley Coal Corp., 2017 SCC 30, the Supreme Court of Canada recently reaffirmed the two-part test for discrimination in the workplace. Centered on the termination of […]

 

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Keeping abreast of discriminatory dress codes

There remains a puritanical discomfort with women’s breasts in public, evident in numerous cases of discrimination against mothers breastfeeding in public and high school dress codes prohibiting bra straps from showing. In September the issue spilled over into the workplace.

 

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Pregnancy and the burden of proof: Grudonic v. Ray Daniel Salon & Spa

In an application under s. 34 of the Ontario Human Rights Code, the burden of proof lies with the applicant. Once the applicant has established a prima facie case of discrimination, the burden then shifts to the respondent to justify their conduct.

 

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Pregnant temporary worker files human rights complaint after termination

Many employers in Canada use temporary workers supplied by employment agencies so that they don’t have to have full time employees and the obligations associated with full time staff such as severance, benefit and other monetary entitlements.

 

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Parental obligations in the workplace

For many of us who are parents, September feels like the real New Year. Workplace issues can arise with respect to shifting childcare obligations, as kids transition from summer schedules to school schedules. Employers may be met with requests to accommodate worker childcare obligations or requests for time off and should be prepared with respect to how to handle these issues both practically and legally.

 

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Cannabis in the workplace

On April 13, Bill C-45 – An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts, also known as the Cannabis Act – was introduced and read in the House of Commons.

 

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Le cannabis en milieu de travail

Le 13 avril dernier, le projet de loi C-45 – soit la Loi concernant le cannabis et modifiant la Loi réglementant certaines drogues et autres substances, le Code criminel et d’autres lois ou la Loi sur le cannabis – fut déposé et lu à la Chambre des communes. La Loi sur le cannabis prévoit, entre autres, certaines modalités visant à légaliser et à réglementer la production et distribution du cannabis à des fins médicales et récréatives.

 

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Recent developments: Gender identity and gender expression proposed legislation

Having this type of legislation in your jurisdiction means that employers operating in that particular jurisdiction cannot refuse to employ or refuse to continue to employ any person, or discriminate against any person with regard to employment or any term or condition of employment, because of a person’s gender identity or gender expression.

 

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Medical marijuana: A high cost to employers? #learnthelatest

A recent case from Nova Scotia illustrates that as laws and social attitudes concerning marijuana change, employers may be burdened with previously unexpected costs.

 

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The “G” word: Brooks v. Total Credit Recovery Limited

Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace.

 

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