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human rights

Termination of employment does not terminate ability to apply for LTD benefits

The case discussed in this article is important because it is a common concern of those who become disabled that they will cease to have access to LTD coverage if their employer terminates their employment before LTD benefits commence. What this decision appears to stand for is the proposition that it does not matter when employment ends, it matters when the injury or illness commenced.

 

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Social media and recruitment

Social media is now a part of our lives, including our work lives. While it can be an important tool, employers need to use their good judgment and use it wisely.

 

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Discrimination or accommodation?

Accessibility legislation in Ontario requires employers to communicate with employees and the public about the availability of accommodation for job applicants with disabilities in both the recruitment process and when making job offers. There is no duty to pro-actively identify an employee’s or candidate’s disability.

 

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Parliamentary Secretary releases final report and recommendations on re-establishment of B.C. Human Rights Commission

The B.C. government launched a public engagement process on September 20, 2017, led by Parliamentary Secretary for Sport and Multiculturalism Ravi Kahlon, to gather stories, feedback, and information from the public to guide the re-establishment of the Commission. The engagement process, which included nearly 100 public meetings and consideration of nearly 70 formal written submissions, ended on November 17, 2017.

 

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The Supreme Court of Canada issues landmark decision on the scope of human rights legislation

The Supreme Court of Canada recently issued a much-anticipated decision on the scope of human rights legislation, finding that the British Columbia Human Rights Code is not limitless in its scope, and instead created a new contextual test to determine whether alleged discriminatory conduct is conduct within the scope of the Code.

 

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Supreme Court of Canada confirms that all workplace harassment is protected – even by third parties

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada confirmed that human rights legislation is to be interpreted broadly and purposively and specifically found that the protection against workplace harassment is not limited to conduct perpetrated by an individual’s employer or co-worker. This decision will have significant implications for employers and employees alike.

 

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What is a right to request under employment standards?

With the new Fair Workplaces, Better Jobs Act, 2017 coming into force, new provisions have been put into place. One such provision is the right to request a change to work schedule or location. What are an employer’s obligations under this provision?

 

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The #metoo moment

The sudden fall from grace of film producer Harvey Weinstein, over sexual harassment allegations, has proven to be the first rock in a landslide; in the weeks since, women everywhere have begun to voice complaints about past and ongoing instances of unwelcome sexual attention.

 

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When can an employer ask for an independent medical examination?

The Ontario Court of Appeal has confirmed that in certain circumstances, it is reasonable for an employer to demand an Independent Medical Examination (“IME”) to determine whether an employee needs accommodation and if so, how. In August 2017, the Court denied leave to appeal the Divisional Court’s decision that found the employer was justified in requesting an IME as part of the process of accommodation.

 

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Tips for recruiting online

While it may be tempting to view the web as a wild west free-for-all, it is important to remember that the law still very much applies.

 

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Keeping abreast of discriminatory dress codes

There remains a puritanical discomfort with women’s breasts in public, evident in numerous cases of discrimination against mothers breastfeeding in public and high school dress codes prohibiting bra straps from showing. In September the issue spilled over into the workplace.

 

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Workplace politics of politics in the workplace

workplace partisan political arguments

I drove past a house flying a confederate flag last week and asked myself, “Could I live beside that person?” You can’t do anything about the politics of your neighbour, although you don’t have to invite him or her to your backyard BBQ. The workplace, however is another story. How does an employer deal with an employee’s unpopular politics?

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: how a Tribunal addressed disabled employee resignations, a criminal negligence charge against a worker and the long reach of Canadian civil liability for human rights impacts of foreign operations.

 

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$85,000.00 human rights award against employer in sexual harassment case upheld on appeal

In a recent case titled Doyle v. Zochem Inc., the Ontario Court of Appeal upheld a decision to award both moral damages and damages pursuant to the Human Rights Code without subtracting one from the other. This case serves as an example of how serious our Canadian Courts are now treating sexual harassment in the workplace.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: a new type of damage that was awarded against an employer after workplace harassment was proven, a case in which expert evidence was not needed to claim damages for mental injury, and the public hearings on Bill 148, Fair Workplaces, Better Jobs Act.

 

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