ethnic origin
September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights,
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.
age, ancestry, burden of proof, Citizenship, Code, code-breach, colour, creed, Disability, discrimination, duty to accommodate, employment law, employment law hrto, ethnic origin, evidence, family status, gender expression, gender identity, human rights code, human rights paralegal, Human Rights Tribunal of Ontario, interim orders, Kevin Sambrano, marital status, maternity leave, obligation under the Code, Ontario Human Rights Tribunal, place of origin, pregnancy, prima facie, Puniani v. Rakesh Majithia, race, record of offences, Sambrano Legal Services, sex, sexual orientation
November 13, 2017 Employer Advisor, McCarthy Tétrault LLP Human Resources, Human Rights, Recruiting and Hiring
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.
ancestry, BC human rights tribunal, characteristics protected under the code, Citizenship, discrimination, discrimination with respect to employment, employment law, employment relationship, ethnic origin, family status, hiring, Human rights complaint, interview process, Interview questions, job interview, protected grounds of discrimination, recruiting
May 24, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
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.
ancestry, Brooks, Brooks v. Total Credit Recovery Limited, discrimination, ethnic origin, expert testimony, ghetto, human rights code, human rights training, Human Rights Tribunal of Ontario, Kevin Sambrano, poisoned work environment, race, the Code, workplace harassment
October 26, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
As per the OHRC’s Policy on Discrimination and Language, although the Human Rights Code does not explicitly identify “language” as a prohibited ground of discrimination, the Human Rights Tribunal of Ontario may consider claims under a number of related grounds, such as ancestry, ethnic origin, place of origin and in some circumstances, race. The 2010 matter of Arnold v. Stream Global Services offers an explicit interpretation of this policy.
ancestry, Arnold v. Stream Global Services, breach of the Code, discrimination, employment law, Espinoza v. Coldmatic Refrigeration of Canada Inc., ethnic origin, Human Right Tribunal of Ontario, human rights code, Kevin Sambrano, Language based discrimination, place of origin starting wage, Policy on discrimination and language, Segula v. Ferrante (1995)
August 26, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights
Whether or not the Human Rights Tribunal of Ontario has the power to deal with general allegations of unfairness in the workplace was recently revisited in Murray v. YouthLink.
ancestry, Dabic v Windsor Police Services, discrimination in employment, employment law, employment relationship, ethnic origin, HR issues, human rights code, Human Rights Tribunal of Ontario, interim decisions, jurisdiction, Kevin Sambrano, Murray v. YouthLink, NOID, Notice of Intent to Dismiss, prohibited grounds, race and colour, racism, Summary Hearings, termination, Tribunal’s Rules of Procedure
August 26, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this can be done.
ancestry, Big Inc. cob Le Papillon on the Park, Big Inc. v. Islam, colour, creed, Danielle Bigue, employment law, ethnic origin, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, monetary awards, Ontario Human Rights Tribunal, place of origin, prohibited grounds of discrimination, race, Sambrano Legal Services, termination, the Code, the Human Rights Code, willsay statement
July 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Corporate Immigration, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Recruiting and Hiring, Training and Development
On July 15, 2013, the Ontario Human Rights Commission (“OHRC”) released its Policy on Removing the “Canadian Experience” Barrier (the “Policy”) barrier. The purpose of the Policy is to address the fact that new immigrants, with university educations and/or work experience, are denied opportunities for jobs or career advancement because they lack “Canadian Experience” (i.e. Canadian based work experience) and their foreign educational qualification or work experience are not recognized.
accreditation requirement, ancestry, anti-discrimination policy, Canadian based work experience, canadian employment law, Canadian experience, Canadian experience barrier, Canadian Experience Class, colour, discrimination, employment law, ethnic origin, foreign education, hiring, HR Law, human rights code, human rights tribunal, immigrants, job opportunities, jobs or career advancement, obstacles immigrants face in securing employment, Ontario human rights commission, place or origin, policy, Policy on Removing the “Canadian Experience” Barrier, prohibited grounds, race, recruiting, recruitment, selection, Work experience
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
January 7, 2013 Michele Glassford Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
Can you require employees to speak English? As always, the answer to this question is “yes”, “no” and “it depends”.
ancestry, bona fide occupational requirement, Can you require employees to speak English?, complaints on the grounds of, discrimination, duty to accommodate, employer cannot discriminate against an employee because of the language he or she speaks, employment law, English Only Policy, English proficiency, ethnic origin, good faith, language, linguistic background, place of origin and race, prohibited ground, Quebec Charter of Rights and Freedom, reasonable
July 6, 2011 Christina Catenacci Employment/Labour Standards, Human Resources, Human Rights
I read an interesting case recently that could be considered controversial: an employer was permitted to contract out of its human rights obligations with some vulnerable employees who were at an economic disadvantage and who experienced significant language barriers. How did the employer accomplish this? The employer added a provision in its termination letter that offered the employees consideration in exchange for signing releases preventing them from launching a human rights complaint.
accepting the additional payment in exchange for the release, canadian employment law, consideration, contract out of human rights obligations, economic disadvantage, employment contract, employment law, ethnic origin, human rights claim, human rights complaints, human rights tribunal, independent legal advice, language barriers, release, reorganization, severance, termination, termination notice, vulnerable employees
Very interesting. I think your initial reaction was probably correct. The shareholder agreement cannot exist in a vacuum. It's part of the overall employment contract. – Aug 19, 11:57 PM
