family status

Flexibility does not create new terms of employment

December 6, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Training and Development, 0

Earlier this year, the Ontario Divisional Court upheld a decision which confirmed that an employer’s occasional flexibility with regard to an employee’s hours of work did not displace the employer’s right to enforce the agreed upon hours at a later time.

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The British Columbia Supreme Court on family status discrimination: Parenting roles, stereotypes and in-flux jurisprudence

December 4, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights

The recent British Columbia Supreme Court decision in Envirocon Environmental Services, ULC v. Suen confirms that the law in British Columbia with respect to family status discrimination remains unsettled. The decision also provides insight into the reasoning of the British Columbia Human Rights Tribunal regarding parenting roles and stereotypes and the interpretation of the purposes underlying the British Columbia Human Rights Code.

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Lack of evidence works against employer at the HRTO

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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HRTO issues rare interim order based on family status

December 19, 2017 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights

As common as an interim order or decision may be, it is uncommon that the Human Rights Tribunal of Ontario may issue an order that institutes compliance on the part of the respondent prior to the conclusion of the matter. Such was the case Tomlinson v. Runnymede Healthcare Centre.

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“Asking for trouble”: BC Human Rights Tribunal considers whether interview questions crossed the line

November 13, 2017 Employer Advisor, McCarthy Tétrault LLP Human Resources, Human Rights, Recruiting and Hiring

The interview process can be a legal minefield for employers. One false step, one inappropriate question can give rise to a human rights complaint alleging that the employer has discriminated against the prospective employee.

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Parental obligations in the workplace

September 8, 2017 Lisa Stam, Spring Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Wages and Compensation

For many of us who are parents, September feels like the real New Year. Workplace issues can arise with respect to shifting childcare obligations, as kids transition from summer schedules to school schedules. Employers may be met with requests to accommodate worker childcare obligations or requests for time off and should be prepared with respect to how to handle these issues both practically and legally.

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Three popular articles this week on HRinfodesk

May 18, 2017 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Employment law changes coming ($15 minimum wage and more); overtime exemptions under employment standards; and grievance of an employee alleging discrimination based on family status.

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Federal adjudicator dismisses family status grievance

May 10, 2017 Occasional Contributors Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

Federal adjudicator dismisses family status grievance – confirms that employer’s duty to accommodate is only engaged where a work rule interferes with an employee’s legal obligations.

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New Brunswick’s Human Rights Act: Amendments proposed

April 5, 2017 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Union Relations

On March 15, 2017, Bill 51, An Act to Amend the Human Rights Act, received first reading in the New Brunswick legislature, and second reading the next day. The goal of the changes is to modernize the legislation and increase its efficiency. Indeed, this has been the first extensive review of the legislation in 25 years. These changes come on the 50th anniversary of the Human Rights Act. The ultimate goal of the review was to evolve with society and ensure that values are protected. Bill 51 aims to do just this.

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Family status: The employee’s obligation under “the Code”

March 22, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

The recent decision of Misetich v. Value Village Stores Inc. reaffirms that family status accommodation under the Human Rights Code is a joint obligation, involving both the employee and employer.

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Family status accommodation: How to respond to requests

January 10, 2017 Doug MacLeod, MacLeod Law Firm Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

Because of changes in demographics and other reasons, employees are increasingly asking for changed work schedules or time off work to care for children and elderly parents (i.e. family status accommodation). Depending on the size of the business and the employee’s duties these requests can create real problems. As a result, employers often ask whether a request for changed hours or time off work must be accommodated. The legal landscape has been shifting in this area for a number of years. This blog discusses the applicable legislation and some recent case law.

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Accommodation and when employees don’t engage in the process

December 9, 2016 Lisa Stam, Spring Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

The Human Rights Tribunal of Ontario (HRTO) released a very important development on family status discrimination, in a case that intersects with disability accommodation law. In Misetich v Value Village Stores, the tribunal reviewed the caselaw, including the Federal Court of Appeal’s Johnstone case, and clarified its test for accommodating family status requests in the workplace.

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Three popular articles this week on HRinfodesk

December 8, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Current and 2017 payroll rates; a case where the Johnstone test is challenged; and an FAQ that addresses Employment Standards Act exemptions, specifically vacation.

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Family status quo for British Columbia

November 2, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

For now, it appears the Campbell River decision is sufficient for the Tribunal’s purposes to address complaints of discrimination in family status in British Columbia. However, as we posted previously, employers would be well-advised to consider the Johnstone test when examining employees’ accommodation requests on the basis of family status.

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