First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

Devry Smith Frank LLP

By | 4 Minutes Read

Fired because of race? Consider a human rights claim

In 2018, a group of eight Caucasian employees of the Spruce Hill Resort and Spa Ltd. (“the Resort”) in British Columbia made a complaint to the British Columbia Human Rights Tribunal (“the Tribunal”), in which they alleged that they had been terminated from their employment because they were not Chinese. The Tribunal found that seven of the employees had been discriminated against on the basis of race and colour, and one employee had been discriminated against on the basis of sex.

By | 4 Minutes Read

Denial of employee benefits to working seniors: a charter violation

On May 18, 2018, the Human Rights Tribunal of Ontario rendered its decision with respect to the issue of whether s. 25(2.1) of the Human Rights Code, when read alongside s. 44 of the Employment Standards Act, 2000, permitted employers to terminate benefits for employees when they turned 65. In Talos v. Grand Erie District School Board, the Tribunal found that such a termination violated s. 15 of the Canadian Charter of Rights and Freedoms, because it was a form of age discrimination.

By | 2 Minutes Read

Novel issues raised by transgender human rights complaints

A recent human rights complaint against several salons in Vancouver, British Columbia sheds new light on the relationship between human rights law and persons who identify as transgender.

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