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February 14, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

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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Yosie Saint-Cyr, LL.B. Managing Editor

Managing Editor at First Reference Inc.

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 18 years, Yosie has been the Managing Editor of the following publications, Human Resources Advisor, Human Resources PolicyPro, HRinfodesk and Accessibility Standards PolicyPro from First Reference. Yosie is one of Canada’s best known and most respected HR authors, with an extensive background in employment and labour across the country. Read more