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balance of probabilities

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read November 25, 2015

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

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.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Employment Standards, Human Rights / 2010 HRTO 760 (CanLII), anti-Black racism, balance of probabilities, Caldeira v. 2068006 Ontario, colour, discrimination, employer’s vicarious liability, employment law, harassment, hrto, human rights code, Human Rights code of Ontario, Kevin Sambrano human rights Toronto, McCarthy v. Kenny Tan Pharmacy Inc.., Ontario Human Rights Tribunal, Peel Law Association v. Pieters, poisoned work environment, policies and procedures, race and colour, racial profiling, racism, reasonable prospect of success, Sambrano Legal, Shoppers Drug Mart

By Rudner Law, Employment / HR Law & Mediation | 3 Minutes Read March 7, 2013

Standard of proof in wrongful dismissal cases

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.

Article by Rudner Law, Employment / HR Law & Mediation / Employee Relations, Employment Standards / adopted a higher standard, allegations of fraud, balance of probabilities, beyond a reasonable doubt, civil standard of proof, clear and convincing proof, criminal conduct, criminal or quasi-criminal conduct, Employee behaviour, employment law, high threshold, HR Law, Labour Law, misconduct, misconduct relied upon to justify dismissal, professional misconduct, Standard of proof in wrongful dismissal cases, termination, terminations, wrongful dismissal, Wrongful dismissal claims

By Adam Gorley | 3 Minutes Read June 19, 2012

Five steps to effective internal investigations

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...

Article by Adam Gorley / Employee Relations, Health and Safety, Human Rights, Privacy / balance of probabilities, conducting interviews, confidential information, Davis LLP, defamation, employment law, false imprisonment, good faith, gross negligence, identify risks, intentional infliction of mental suffering, internal investigation, Karen Bock, liability, negligent infliction of mental suffering, negligent investigation, occupational health and safety act, OHSA, ontario, record keeping, Tatha Swann, third-party investigator, violation of privacy, workplace incidents, workplace investigations

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