First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

hrto

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with an Ontario labour arbitration decision in which the arbitrator ruled personal emergency leave entitlement is in addition to any floater days allowed under a collective agreement, a recent HRTO decision which held there is no absolute right to use medical marijuana in the workplace, and a recent survey that found job seekers, while enticed by work from home options, are also aware of the pitfalls.

 

, , , , , , , , , , , , , , , , , , , , , , ,

The double “financial” jeopardy of HRTO damages against the employer

An employer named in a Human Rights Tribunal of Ontario Application, if decided against, may be responsible for both wage loss and most likely general damages.

 

, , , , , , , , , , , , , , ,

HRTO confirms co-op student’s right to pursue interests

Co-op students may be covered by the “Code”, and should be afforded the same inalienable rights as all other employees during a potential interview or  co-op placement.

 

, , , , , , , , , , , , , , , , , , , , , ,

Human Rights Tribunal of Ontario: the “Code” matters, not social norms

Although there may be social norms at play, a business owner would do well to continue to update and implement workplace and human rights policies on an ongoing basis, otherwise, they may be liable for any breach of the “Code”, whether intended or otherwise.

 

, , , , , , , , , , , , , ,

No reason given for refusal of HRTO request to expedite, no reasons required

In this matter, the Request to Expedite was dismissed through a letter from the Registrar. In the interim decision, the Tribunal further explained that in matters dealing with process, there are no grounds for reconsideration, as only final orders may be reconsidered.

 

, , , , , , , , , , , , , , , , , , ,

Abrams v. Kupar: Pregnancy not a factor in short-term employee’s termination

In the matter of Abrams v. Kupar, the applicant, who was pregnant at the time, was terminated from a new job. The applicant believed it was due to the fact that she was pregnant. The respondent alleged that the termination had nothing to do with her pregnancy, but rather that the employee was not suited for the job. The matter was heard at the Human Rights Tribunal of Ontario. The Tribunal’s decision was in favour of the respondent.

 

, , , , , , , , , , , , , , , , ,

HRTO issues rare interim order based on family status

As common as an interim order or decision may be, it is uncommon that the Human Rights Tribunal of Ontario may issue an order that institutes compliance on the part of the respondent prior to the conclusion of the matter. Such was the case Tomlinson v. Runnymede Healthcare Centre.

 

, , , , , , , , , , , , , , , , , , , , ,

Sloan v. Just Energy Corporation: Pregnancy and fairness under the Code

The Code protects employees from discrimination based on various protected grounds. One of the more difficult of these may be pregnancy, as often the question becomes not whether or not the applicant was pregnant, but rather when the employer became aware of the pregnancy, and whether or not the pregnancy was a factor in the employee’s termination.

 

, , , , , , , , , ,

Divisional Court confirms Human Rights Code provides statutory authority to demand an Independent Medical Exam

Back in December 2015, I wrote a blog post on a recent Human Rights Tribunal of Ontario decision in Bottiglia v. Ottawa Catholic School Board. The case concerned the ability of an employer to demand an Independent Medical Exam in circumstances where there was no clear contractual or express statutory authority.

 

, , , , , , , , ,

Family status: The employee’s obligation under “the Code”

The recent decision of Misetich v. Value Village Stores Inc. reaffirms that family status accommodation under the Human Rights Code is a joint obligation, involving both the employee and employer.

 

, , , , , , , , , , , ,

Disability and termination under the Human Rights Code

Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. The matter was addressed in one of the first Tribunal decisions of 2017, Ben Saad v. 1544982 Ontario Inc.

 

, , , , , , , , , , , , , ,

Medical documentation request after employee illness

Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.

 

, , , , , , , , , , , , , , , ,

Tribunal orders pharmacy to pay $8,000 as a result of racial profiling

Under section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.

 

, , , , , , , , , , , , , , , , , , , , , , ,

Howell v. United Steelworkers, Local 7135: No reasonable prospect of success

Rule 19A of the Ontario Human Rights Tribunal’s Rules of Procedure, allow the Tribunal to hold a summary hearing to determine whether the Application should be dismissed in whole or in part on the basis that there is no reasonable prospect that the Application or part of the Application will succeed. This was the case in Howell v. United Steelworkers, Local 7135.

 

, , , , , , , , , , , , , , , , , ,

The cost of racial stereotyping: Adams v. Knoll North America

Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. On October 31, 2008 the applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination based on race. The respondents, Knoll, denied the allegations.

 

, , , , , , , , , , , , , , , , , , , , , ,

Previous Posts