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burden of proof

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read September 10, 2018

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.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights / age, ancestry, burden of proof, Citizenship, Code, code-breach, colour, creed, Disability, discrimination, duty to accommodate, employment law, employment law hrto, ethnic origin, evidence, family status, gender expression, gender identity, human rights code, human rights paralegal, Human Rights Tribunal of Ontario, interim orders, Kevin Sambrano, marital status, maternity leave, obligation under the Code, Ontario Human Rights Tribunal, place of origin, pregnancy, prima facie, Puniani v. Rakesh Majithia, race, record of offences, Sambrano Legal Services, sex, sexual orientation

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read September 27, 2017

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

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.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights / adjudication, burden of proof, credibility of witness, discrimination, discrimination and pregnancy, dismissed application, employment law, Grudonic v. Ray Daniel Salon & Spa, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano paralegal Toronto, pregnancy, standard of proof

By Occasional Contributors | 7 Minutes Read August 1, 2014

The prodigal pension plan member

It’s one of those pension administration nightmares – someone of pensionable age shows up at your door claiming he was an employee 20 years ago and asks for his pension. There is some evidence of employment, but no record of a pension entitlement. As a fiduciary you cannot pay out benefits unless someone is clearly entitled, so you ask the person for some proof of the pension entitlement. At this point the person may give up; but your sense of relief is overshadowed by concerns that your record keeping did not allow you to be as certain as you might have been in disposing of the claim. On the other hand, if he doesn't give up, it will likely be an even more costly, time-consuming and frustrating exercise.

Article by Occasional Contributors / Business, Finance and Accounting, Payroll / burden of proof, Crown Life pension plan, deferred pension, document retention and destruction policy, evidence of employment, fiduciary duty, Financial Services Commission of Ontario, FSCO, Management and Retention of Pension Plan Records, no record of a pension entitlement, now administered by Canada Life, obligation of loyalty to the beneficiaries, Ontario Superior Court, pay out benefits, pension administration, pension plan, pension plan member, pensionable age, plan membership, proof of the pension entitlement, record keeping, robust record retention policy, Superintendent of Financial Services, what records an administrator should keep

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