Human rights complaint
April 16, 2013 Simon Heath Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation,
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.
breach of the Code, comparable job, damages for injury to dignity, depression, duty to accommodate, employee was to be reinstated into a suitable position, employee’s need for accommodation, employment law, extended absence, feelings, Human rights complaint, leave of absence, long-term disability benefits, lost wages, LTD, medical evidence, medical information, not open to accommodating the Applicant, occupational health and safety act, Ontario Human Rights Tribunal, Ontario Teachers Insurance Plan, OSHA, personal liability, post-traumatic stress disorder, pre-injury position, reinstatement, return an employee to the workplace after an extended absence, Return to work, school board, self-respect, total wage loss
October 16, 2012 Simon Heath Human Resources, Human Rights,
Just in case employers needed yet another reason to be careful to ensure that employees in their workplaces treat one another with respect and avoid a “locker room mentality”, the Ontario Human Rights Tribunal has provided one. In Lombardi v. Walton Enterprises, (2012) HRTO 1675 the Tribunal found a corporate employer and Assistant Manager jointly and severally liable for homophobic slurs directed at an employee.
allegations of harassment, discrimination, harassment, harassment policy, homophobic comments, homophobic slurs, Human rights complaint, investigation procedure, jointly and severally liable, locker room mentality, Ontario Human Rights Tribunal, racial slurs, sexual orientation, treat one another with respect, workplaces
September 6, 2012 Stuart Rudner Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation,
In recent years, employers seem to be struggling with “missing employees” that provide vague doctors’ notes and then disappear, assuming their job is safe. What can employers do? Do you have the right to ask for medical information? Can they dismiss the employee if they don’t provide proper justification for their absence?
abuse of sick leave, accommodated with modified duties, accommodation, accommodation options, Employees with disabilities, employment law, employment relationship, Functional Abilities Form, get out of work free cards, Human rights complaint, job description, Labour Law, medical documentation, medical information, proper justification for absence, Return to work, sick leave, termination of the employment relationship, time off
September 5, 2012 Andrew Lawson Human Resources, Human Rights,
As an employer it is always possible that your organization will become involved in a human rights complaint— most likely as the respondent. Being the respondent means that a complaint has been filed against you, probably by an employee, former employee, customer or other member of the general public. You must respond in writing to the Human Rights Tribunal of Ontario (HRTO) within 35 days in order to preserve your legal rights.
discrimination, employment law, Human rights complaint, human rights complaint application, Human Rights Tribunal of Ontario, legal advice, legal rights, respondent
August 28, 2012 Simon Heath Employee Relations, Human Resources, Human Rights,
Human Resources practitioners are constantly confronted with medical notes from employees that do not provide any meaningful medical information (i.e. Bob is off work for 2 weeks because he is under doctor’s care). In addition, some employees who are disciplined or terminated after submitting these less than informative medical notes will file human rights complaints alleging discrimination in employment on the basis of a disability. Recently, the Ontario Human Rights Tribunal (“Tribunal”) had a chance to comment on these all too common issues…
budgetary reasons, Disability, Disclosing medical information, discrimination, discrimination on the basis of disability, duty to accommodate, employee discipline, employment law, human rights code, Human rights complaint, human rights tribunal, medical notes, poor performance, Shearer v. The Royal Canadian Legion, stress, termination
December 6, 2011 Andrew Lawson Human Resources, Human Rights
Two men are holding hands and occasionally kissing while waiting in line at a driver licensing office. A person waiting in line approaches the men calling them “fags” and telling them their behaviour is “disgusting”. The same person attempts to engage others waiting in the line to join in the demeaning discourse…
discrimination, employment law, harassment, Human rights complaint, obligation to intervene, poisoned work environment, responsibility to intervene, reverse discrimination, right to be free from discrimination
September 22, 2011 Earl Altman Employee Relations, Human Resources, Human Rights
Old habits die hard. The Human Resources industry is obviously having a hard time abandoning the notion that 65 is the accepted age for retirement. Since amendments to the Ontario Human Rights Code in 2006, employers are prohibited from discriminating against employees based solely on age. Prima facie compelling retirement at age 65 is a breach of the Code.
65 is the accepted age for retirement, age, age discrimination, bona fide occupational requirement, discrimination, employment law, human rights code, Human rights complaint, human rights tribunal, mandatory retirement, retirement at age 65, Workplace policy
July 13, 2011 Yosie Saint-Cyr Employee Relations, Health and Safety, Human Resources, Human Rights
Aggression sometimes occurs in the workplace. That is a fact! And when conflicts are left unresolved, employers have employees resigning or taking tremendous amounts of sick leave to deal with these issues, or the aggression crosses the line into assault or battery, or you receive a human rights or occupational health and safety complaint.
aggression, bullying, discrimination, employment law, gender, harassment, harassment free workplace, hostile work environment, Human rights complaint, occupational health and safety complaint, policy and procedures, racial, religious or sexually charged discrimination, training, workplace
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Yet another reason for employers to avoid ‘locker-room mentality’ at work
October 16, 2012 Simon Heath Human Resources, Human Rights, 0
Just in case employers needed yet another reason to be careful to ensure that employees in their workplaces treat one another with respect and avoid a “locker room mentality”, the Ontario Human Rights Tribunal has provided one. In Lombardi v. Walton Enterprises, (2012) HRTO 1675 the Tribunal found a corporate employer and Assistant Manager jointly and severally liable for homophobic slurs directed at an employee.
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allegations of harassment, discrimination, harassment, harassment policy, homophobic comments, homophobic slurs, Human rights complaint, investigation procedure, jointly and severally liable, locker room mentality, Ontario Human Rights Tribunal, racial slurs, sexual orientation, treat one another with respect, workplaces