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Can an employee “sign away” their human rights?: Brown v. Prime Communications Canada Inc.

The question of “can an employee “sign away” their human rights?” became relevant in a recent case. After signing a release with her employer, the Applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code.

 

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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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Howell v. United Steelworkers, Local 7135: No reasonable prospect of success

Rule 19A of the Ontario Human Rights Tribunal’s Rules of Procedure, allow the Tribunal to hold a summary hearing to determine whether the Application should be dismissed in whole or in part on the basis that there is no reasonable prospect that the Application or part of the Application will succeed. This was the case in Howell v. United Steelworkers, Local 7135.

 

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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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Respondents challenge $100,000.00 human rights decision

While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this can be done.

 

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The Human Rights Code and Res Judicata: G.G. v. […] Ontario Limited

Generally speaking, res judicata (Latin for “a thing adjudicated”) is the legal doctrine which prevents the same matter from being tried a second time once there has been a verdict or decision in regard to that matter. Under Ontario’s Human Rights Code, a criminal matter being decided in regard to a matter that contains a breach of the Human Rights Code does not necessarily prevent an applicant from filing at the Human Rights Tribunal of Ontario. This was the case in G.G. v. […] Ontario Limited.

 

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Rollick v. 1526597 Ontario Inc.: “heavy handed and unjustifiable conduct”

The recent Human Rights decision of Rollick v. 1526597 Ontario Inc. o/a Tim Horton’s Store No. 2533, addresses what the Tribunal characterized as “heavy handed and unjustifiable” conduct on the part of the employer, when dealing with an employee with a disability.

 

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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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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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