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You are here: Home / Employee Relations / Most-viewed articles this week on HRinfodesk

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read February 14, 2013

Most-viewed articles this week on HRinfodesk

Employer’s dress code unreasonable

To what extent can an employer decree its employees’ dress? An Ontario labour arbitrator recently addressed this question in the case of a hospital in Ottawa that updated and consolidated its dress and appearance codes in an attempt to improve client relations. The union grieved the new policy as “an unreasonable infringement on employees’ rights to express themselves in their appearance, unjustified by any health or sanitation concerns, or any complaints by patients.” The arbitrator agreed.

Is a criminal conviction a disability?

Is it discrimination to terminate an employee because that employee has been convicted of a criminal offence? Can being charged with a criminal offence qualify as a disability? A recent Ontario Human Rights Tribunal case that was appealed to the divisional court looked at these questions, as well as the appropriate time to raise a challenge to the Canadian Charter of Rights and Freedoms.

Ghetto comments have unintended effect: discrimination

A recent case before the Ontario Human Rights Tribunal demonstrates that offensive comments don’t have to be intentional to be the basis for discrimination. When a black employee wore a soccer jersey, baggy black jeans and running shoes to work on a “casual day,” the employer told him he looked “ghetto,” suggesting the outfit was too casual for the workplace. The employee was offended and asked for an apology. The employer did so but with no indication that he understood what caused the offence. The employee complained of discrimination to the tribunal.

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Marie-Yosie Saint-Cyr, LL.B. Managing Editor
Managing Editor at First Reference Inc.
Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.
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Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Human Rights / canadian charter of rights and freedoms, Criminal convictions, criminal offence, Disability, discrimination, dress and appearance codes, dress code, duty to accommodate, ethnicity, Ghetto comments, offensive comments, Ontario Human Rights Tribunal, outfit was too casual for the workplace, policies and procedures, race, racism, Tatoos, termination

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About Marie-Yosie Saint-Cyr, LL.B. Managing Editor

Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.

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