balance of probabilities

Tribunal orders pharmacy to pay $8,000 as a result of racial profiling

November 25, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

Under section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.

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Standard of proof in wrongful dismissal cases

March 7, 2013 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources

This recent case provides a timely reminder for employers, employees, and their counsel that despite the requirements in a criminal prosecution, an employer does not have to prove allegations of misconduct “beyond a reasonable doubt” in the content of a wrongful dismissal claim.

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Five steps to effective internal investigations

June 19, 2012 Adam Gorley Employee Relations, Health and Safety, Human Resources, Human Rights, Privacy and Security

How often do you undertake an internal investigation? In an environment where employers are under increasingly strict obligations to investigate workplace incidents over an increasing number of issues, employers in Ontario are facing more complaints…

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