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evidence

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 Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) | 4 Minutes Read August 8, 2016

The pitfalls of unwritten contracts – Part 2

Many employers still do not enter into written contracts with their employees. A recent case from British Columbia illustrates why this is a bad idea. The parties ended up in Court, where a Judge had to piece together testimony and the facts at the time the contract was made, to determine the nature of contract.

Article by Apolone Gentles, JD, CPA,CGA, FCCA, Bsc (Hons) / Business, Finance and Accounting, Not for Profit, Payroll / contracts, employee agreements, evidence, fixed-term contracts, fixed-term employment contracts, litigation, litigation risk management, notice pay, oral contracts, severance, unwritten contracts, valid contracts

By Devry Smith Frank LLP | 3 Minutes Read September 15, 2014

Surreptitious tape recording of bargaining negotiations not admitted into evidence

The issue in this case was whether a surreptitious tape recording of bargaining negotiations was allowed to be admitted into evidence.

Article by Devry Smith Frank LLP / Employee Relations, Payroll, Union Relations / bargaining negotiations, Collective Bargaining, employment law, evidence, Industrial Relations, Labour Law, labour relations, new wage schedule, record the discussions at the negotiating table, requirement to bargain in good fait, surreptitious tape recording, trade unions, union, Unions

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