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reinstatement

Reinstatement of employment at the Human Rights Tribunal

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

 

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OHSA in wonderland: Through the looking glass

If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.

 

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Ontario Court of Appeal upholds decision to reinstate disabled employee with 10 years back pay: Will human rights litigation ever be the same again?

I predict a recent Ontario Court of Appeal decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with enhancing compassionate care (EI) benefits; consequences of not reinstating an employee to pre-leave position; and, British Columbia’s significant changes to the Workers Compensation Amendment Act.

 

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Not reinstating employee to pre-leave position may constitute constructive dismissal

The Ontario Superior Court of Justice, Small Claims Court recently concluded that, when an employee returned from maternity leave and was not reinstated to her original position with the same hours and salary, this constituted constructive dismissal and discrimination on the grounds of sex and family status.

 

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Terminated for tweeting: A tale of two Toronto firefighters

When used properly, social media can be a powerful tool for connecting individuals, marketing businesses and mobilizing the masses behind a cause. However, many organizations have learned the hard way that inappropriate social media use by employees can have a detrimental effect on an organization’s reputation.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with accommodation on the ground of disability and new HRPA professional designations.

 

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Releases may not protect employers from the tenured employee rule

In Nova Scotia, employees with ten years of service are provided with special protections under the Labour Standards Code. Section 71 of the Code provides that, subject to certain exceptions, an employer can only dismiss an employee with ten years of service or more for just cause. This is called the tenured employee rule.

 

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Ontario Divisional Court upholds a worst-case scenario decision from the Human Rights Tribunal

Last year, we reported on the notable Human Rights Tribunal decision of Fair v. Hamilton-Wentworth District School Board where the Tribunal ordered the reinstatement, along with over $400,000 in back pay and damages, to an employee despite the employee having been away from the workplace for almost a decade.

 

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Arbitrator rules profanity during telephone call with manager insufficient to constitute ‘just cause’ for dismissal

Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with a reinstatement that was ruled an undue hardship for the employer, how a series of health and safety violations can be just cause for termination and how an employee on maternity leave was justly terminated due to a corporate downsizing.

 

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Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.

 

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Employer failed in duty to accommodate by not considering employment beyond pre-injury position

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.

 

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Unlucky or deserving? An employee’s dismissal was unjust, but reinstatement not appropriate

A small-town bank manager who had an affair with a subordinate—including sex in the bank, during and after hours—should not have been dismissed for cause, according to the Federal Court of Appeal. Nevertheless, given the circumstances, it was not appropriate to reinstate the employee to his job.

 

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Air Canada pilots must be reinstated after forced retirement

The Canadian Human Rights Tribunal has ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60.

 

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