First Reference Talks

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

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Evidence and credibility at the HRTO

Age is one of the protected grounds under Ontario’s Human Rights Code. Like all jurisdictions credible evidence, whether documentary or witness testimony, is needed for either side to support their version of facts.

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Lack of evidence works against employer at the HRTO

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

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Employee’s age justifies wrongful dismissal damages of 24 months

Given the elimination of mandatory retirement years ago, employees are working for longer periods of time and well into their 60s and some into their 70s. Age has always been one of the key Bardal factors, in addition to title, length of service and compensation, that courts use to determine an appropriate common law notice period. In the recent case of Ozorio v. Canadian Hearing Society, 2016 ONSC 5440, Justice O’Marra confirmed that an employee’s age remains a significant factor in determining a common law notice period.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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