adjudication

Recent decision upholds reasonable prospect criteria

October 27, 2017 Kevin Sambrano, Sambrano Legal Services Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

The Tribunal does not have the general power to deal with allegations of unfairness, as the Tribunal’s jurisdiction is exclusive to issues of human rights and discrimination. In order for an application to be successful, the applicant must establish a connection between one or more of the protected grounds and behaviour on the part of the respondent.

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Pregnancy and the burden of proof: Grudonic v. Ray Daniel Salon & Spa

September 27, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

In an application under s. 34 of the Ontario Human Rights Code, the burden of proof lies with the applicant. Once the applicant has established a prima facie case of discrimination, the burden then shifts to the respondent to justify their conduct.

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