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Human Rights

Flexibility does not create new terms of employment

Earlier this year, the Ontario Divisional Court upheld a decision which confirmed that an employer’s occasional flexibility with regard to an employee’s hours of work did not displace the employer’s right to enforce the agreed upon hours at a later time.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with 2020 payroll rates, compensation and disability accommodation, and a case of sexual harassment.

 

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Case involving voyeuristic teacher leads to clarification of law relating to private vs. ‎public places and provides valuable lesson for employers

On August 27th, 2019 former Ontario school teacher Ryan Jarvis was sentenced to six months in jail and 12 months’ probation after the Supreme Court of Canada (“SCC”) convicted him of voyeurism earlier this year.

 

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The holiday party and workplace policies

The holiday season is fast approaching and organizations are planning their annual Christmas or holiday parties. The increased recognition that alcohol consumption at organization-sponsored events creates significant legal liability has had an impact on that traditional institution. And now, with the legalization of cannabis and the #metoo movement, added legal liabilities come into play.

 

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Health care and harassment: Now is the time to address unhealthy habits

When bullying, harassment, and discrimination are prevalent in the workplace, the tendency is for employee productivity to diminish and absences to increase.

 

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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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Hiring seasonal workers for the holidays? 10 things employers need to know

As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.

 

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Year end checklist: Upcoming AODA deadlines

Due to the expansive nature and implementation of the AODA standards, the AODA has embedded deadlines for compliance. The compliance deadline dates vary depending on the size of the organization and the industry sector. The upcoming AODA compliance deadlines are as follows:

 

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How an external investigation actually saved money for an employer

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

 

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Racialized, foreign-trained lawyer discriminated against during interview

It is no surprise that racism and ageism still exist in the legal profession. An Ontario Human Rights Tribunal decision released earlier this year is a perfect example and warns employers to be careful during the hiring process.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with employer responsibilities to employees when a business closes, the employer’s duty to accommodate alcoholism and the 2019-2020 payroll rates.

 

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Embracing the #MeToo movement

#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?

 

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Can my employer dismiss me due to my unseen disability?

Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground under the Canadian Human Rights Act (CHRA) for federally regulated employers.

 

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Employer ordered to pay $120,000.00 for discriminatory hiring practices

The Human Rights Tribunal of Ontario has decided on a case concerning discriminatory hiring practices. In Haseeb v. Imperial Oil, Imperial Oil’s policy of requiring all project engineer job applicants to hold either Canadian citizenship or permanent residency in order to be eligible for employment.

 

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Can accommodation include a reduction in pay?

One issue that arises occasionally when an employee is being accommodated is whether the employer can adjust their compensation to bring it in line with their new reduced hours and/or duties.

 

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