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News and Discussions on Payroll, HR & Employment Law

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Family status under the Code: Recent developments

The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving.

 

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No “give and take” required by employee in accommodation under the Human Rights Code

The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.[1] The respondent alleged that her termination was […]

 

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Emra v. Impression Bridal Ltd.: The hefty price of ignorance of the ‘Code’

The human rights case of Emra v. Impression Bridal Inc. reminds us that a disability may be  hidden, but when brought to the employer’s attention, it should not be ignored

 

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Lugonia v. Arista Homes: Pregnancy, short-term contracts and the “Code”

In the summer of 2013 the applicant, Amanda Lugonia, began a new job at the same time she discovered she was starting a new family, the result of which was instant dismissal from her new employer. The respondent denied that the applicant’s pregnancy was a factor in the termination of her employment and in addition denied knowledge of the pregnancy, claiming the reason for her termination was due to lack of “fit”.

 

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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.

 

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Sexual harassment under the Code: Smith v. The Rover’s Rest

The case of Smith v. The Rover’s Rest, 2013 HRTO 700 is a recent case dealing with sexual harassment and reprisal under the Human Rights Code of Ontario. At the time of the incidents, the applicant, Debbie Smith was a 39-year-old mother being paid $7.00 per hour as a bartender at the Rover’s Rest in […]

 

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Knowing your limitation periods under the Human Rights Code

The Human Rights Code allows for a person who believes that their rights under the “Code” have been infringed upon to file an application to the Human Rights Tribunal of Ontario. The “Code” states that the application must be made within one year after the incident, or if there were a series of incidents, within one year after the last incident in the series. But what happens when a person files an application outside of the limitation period?

 

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Introducing our newest guest blogger Kevin Sambrano

We are very pleased to announce that Kevin Sambrano will be sharing his expertise with our readers on First Reference Talks. He will be covering issues surrounding human rights and employment law, starting this month.

 

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