Friday, February 3rd, 2012
The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…
Read the rest of this post »Monday, January 9th, 2012
Valuable information can come from diverse sources. Consider this case I uncovered via the daily commuter newspaper: a female employee complained that a third-party service provider harassed her. The incident took place on the employer’s premises, but the alleged harasser was not employed directly by the employer. He was employed by the company that serviced the company’s office photocopiers…
Read the rest of this post »Thursday, September 22nd, 2011
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.
Read the rest of this post »Friday, September 16th, 2011
The tribunal that decided the case of alleged discrimination against a part-time paramedic with multiple sclerosis who was shifted to a part-time ambulance driver position (at the paramedic’s pay rate) left some loose ends, according to the Supreme Court of British Columbia. The Court sent the case back to the tribunal to decide if the employer reasonably accommodated the employee, even though he was not able to perform important paramedic duties.
Read the rest of this post »Friday, August 5th, 2011
What prompts a supervisor or worker to send a co-worker inappropriate text messages? In British Columbia, sexually charged messages in the workplace have led to trouble for employers. What do employers need to know so they can avoid being on the hook for sexual harassment?
Read the rest of this post »Wednesday, July 6th, 2011
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.
Read the rest of this post »Tuesday, March 1st, 2011
The Ontario Human Rights Code provides for a variety of prohibitions against discrimination on stated grounds, including disability. However, the Code goes on to specify “a right of a person under this code is not infringed for the reason only that the person is incapable of performing or fulfilling the essential duties or requirements attending the exercise of the right because of disability”. Reading through the legalese, what this means is that it is not a prohibited act of discrimination to deny an employee a job for the reasons that his disability prevents him from performing that job. However, the Code goes on to provide that a person cannot be found incapable of performing the duties of his position if it is possible for the employer to accommodate his particular needs “without undue hardship”.
Read the rest of this post »Tuesday, November 2nd, 2010
Dealing with chronically ill employees is always a challenge for HR managers. They are often faced with the conflicting requirements of fairness to the employee and maintaining the employer’s ability to get work done.
Read the rest of this post »Tuesday, August 17th, 2010
In a decision released on July 19, 2010, the Human Rights Tribunal of Ontario held that an employee who was fired because she was pregnant had been discriminated against on a prohibited ground…
Read the rest of this post »Wednesday, August 4th, 2010
Across Canada, human rights legislation protects people from discrimination and harassment based on sex/gender; this protection includes pregnancy and breastfeeding. It is illegal to discriminate because a woman is pregnant. It is also illegal to discriminate because a woman was pregnant, had a baby or might become pregnant.
Read the rest of this post »Friday, July 23rd, 2010
Elsa Torrejon was diagnosed in early 2009 with breast cancer. After telling her employer about her illness and requesting an indefinite leave to receive treatment for breast cancer, she found herself dismissed and fighting for her human rights.
Read the rest of this post »Friday, May 14th, 2010
New human rights procedures came into effect in Ontario in mid-2008, and we’re beginning to see the results of the changes. Session Two at First Reference’s Ontario Employment Law Conference, June 2, 2010, will look at the following topics…
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Leslie D Foreman:Andrew Taillon:
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