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Archives for September 2019

By Kevin Sambrano, Sambrano Legal Services | 2 Minutes Read September 25, 2019

Recent case assessment direction and “creed”

The Halton District Catholic School Board posted a job advertisement for a contract position. The applicant replied to the advertisement, and when he was not selected for the position he filed a complaint at the Human Rights Tribunal of Ontario alleging discrimination on the ground of creed.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights / CAD, Case Assesment Direction, code-related allegations, creed, discrimination in employment, employment law human rights, human rights, Human Rights Tribunal of Ontario, Kevin Sambrano human rights paralegal, Ontario Human Rights Code, Ontario human rights commission, religious discrimination

By Occasional Contributors | 5 Minutes Read September 25, 2019

Walking the tightrope: Distinguishing substantial compliance from material deficiency in bid documents

Your job is to decide whether any or all of these proposals is capable of acceptance or must be rejected as containing a material defect. You know the basic principles: the difference between Contract A and Contract B, the implied term in Contract A that only a compliant proposal is capable of acceptance, and that the test for compliance is ‘substantial compliance’.

Article by Occasional Contributors / Business, Finance and Accounting / material defect, material non-compliance, procurement, procurement documents, request for proposal, substantial compliance

By Devan Marr | 4 Minutes Read September 25, 2019

Resignations: employers saddled with burden to investigate

When it comes to resignations, the facts matter and the decision of Nagpal v. IBM certainly proves it. In another notable case on resignations in Ontario, Schabas J. had to determine whether an employee’s failure to return to the workplace after his disability benefits were denied amounted to voluntary resignation or abandonment of employment.

Article by Devan Marr / Employee Relations, Health and Safety, Payroll / employment law, frustration of contract, older employees, older long service employees, resignation, Return to work, short-term disability, voluntary resignation

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