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Vexatious litigants and abuse of process at Tribunal

The Human Rights Tribunal of Ontario has the authority to govern its own proceedings. Within this authority is the power to declare any applicant a vexatious litigant and to identity any abuse of process, either of which may result in the dismissal of an Application. The recent interim decision addresses both of these issues.

 

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Workplace health and safety law and partisan political arguments

workplace partisan political arguments

In March, a discussion was posted with respect to how workplace political expression could go awry with human rights law. The article also provided some best practices on how human resources professionals and employers can appropriately address human rights complaints specifically on the basis of political belief, activity or association. This following discussion, “Part 2”, addresses how workplace political expression could also contravene harassment provisions under occupational health and safety legislation.

 

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Reasonable settlement offer prevents litigious complainant from proceeding

A recent decision of the BC Human Rights Tribunal serves as a useful reminder of the utility of a reasonable settlement offer, which can result in the Tribunal putting an end to complaint proceedings without a hearing.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An employee who was dismissed for not submitting a doctor’s note in a timely fashion; a firefighter who was reinstated after being dismissed for sexually harassing a co–worker; and human rights claims, made by a former employee, that were barred by terms of a final release received on termination.

 

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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.

 

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Genetic discrimination provisions in human rights legislation: Will Ontario be the first Canadian jurisdiction?

Canada is on its way to including provisions in human rights legislation that prevents discrimination based on a person’s genetic characteristics. The issue is that a person can experience discrimination and harassment simply because of something that may be—something that has the potential of happening. Employers must be aware that human rights legislation is in the process of evolving to include provisions to prevent this type of discrimination, and this will apply in the workplace as well.

 

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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.

 

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Despite settlement breach, an award of compensation not warranted

Although the Tribunal found there to be a contravention of settlement, it deemed that the delay in receiving the monies was relatively minor, and therefore an award of compensation was not warranted.

 

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Protecting employees from social media harassment

It is well known that employees have certain legal obligations to their employer with respect to the content of their social media profiles. An arbitrator recently confirmed that employers also need to be careful about the content of their social media pages as it relates to their employees.

 

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Res judicata revisited at HRTO and OLRB

The legal doctrine of res judicata can cause an Application at the Human Rights Tribunal to be dismissed. This was the case in Chen v. Harris Rebar.

 

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Family status accommodation: How to respond to requests

Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents (i.e. family status accommodation). Depending on the size of the business and the employee’s duties these requests can create real problems. As a result, employers often ask whether a request for changed hours or time off work must be accommodated. The legal landscape has been shifting in this area for a number of years. This blog discusses the applicable legislation and some recent case law.

 

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Discrimination and a decision on remedies

In an application filed under the Human Rights Code of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, Ms. Kohli, had filed an application alleging discrimination in employment on the basis of sex.

 

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Managing toxic employees in the workplace

A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of toxic employees in the workplace. In a recent report from the Harvard Business School, “toxic worker” was defined as someone who “engages in behaviour that is harmful to an organization, including either its property or people.”

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: An employee who was told to quit if she felt unsafe; current and 2017 payroll rates; and the introduction of a new Bill to cover physical size and weight in human rights legislation.

 

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Gender identity and gender expression

Following our previous post on the British Columbia government’s bill to amend the Human Rights Code (Code) earlier this year, the bill recently received royal assent and gender identity and gender expression are now expressly included in the Code as protected grounds. Though the meaning and application of these new protected grounds will need to be fleshed out by Tribunal and court decisions, the Tribunal’s website now provides the following descriptions…

 

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