colour
September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
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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May 13, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation
When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.
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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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October 28, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Union Relations
Rule 19A of the Ontario Human Rights Tribunal’s Rules of Procedure, allow the Tribunal to hold a summary hearing to determine whether the Application should be dismissed in whole or in part on the basis that there is no reasonable prospect that the Application or part of the Application will succeed. This was the case in Howell v. United Steelworkers, Local 7135.
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August 26, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this can be done.
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June 22, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development
A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.
2252466 Ontario Inc. o/a The Ground Guys, age, ancestry, British Columbia (Public Service Employee Relations Commission) v. BCGSEU, colour, Disability, discrimination, duty to accommodate, employment law, harassment, human rights remedies, human rights training, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, monetary awards, Ontario Human Rights Tribunal, poisoned work environment, prohibited grounds of discrimination, race, Sambrano Legal Services, sex, sexual orientation, termination, the Human Rights Code
July 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Corporate Immigration, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Recruiting and Hiring, Training and Development
On July 15, 2013, the Ontario Human Rights Commission (“OHRC”) released its Policy on Removing the “Canadian Experience” Barrier (the “Policy”) barrier. The purpose of the Policy is to address the fact that new immigrants, with university educations and/or work experience, are denied opportunities for jobs or career advancement because they lack “Canadian Experience” (i.e. Canadian based work experience) and their foreign educational qualification or work experience are not recognized.
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April 23, 2013 Earl Altman Accessibility Standards, Employee Relations, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment
Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.
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Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
