hrto
June 28, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations
The three popular articles this week on HRinfodesk deal with an Ontario labour arbitration decision in which the arbitrator ruled personal emergency leave entitlement is in addition to any floater days allowed under a collective agreement, a recent HRTO decision which held there is no absolute right to use medical marijuana in the workplace, and a recent survey that found job seekers, while enticed by work from home options, are also aware of the pitfalls.
accommodation of a disability, drug use in the workplace, employment law, employment standards act, ESA, flexible paid time off, floater days, greater benefit, health and safety, hrto, Human Resources, human rights code, Human Rights Tribunal of Ontario, medical marijuana, medical marijuana in the workplace, PEL, personal emergency leave, Robert Half survey, telecommuting, termination for cause, work from home, working from home, working remotely, “zero-tolerance” policy
May 22, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
An employer named in a Human Rights Tribunal of Ontario Application, if decided against, may be responsible for both wage loss and most likely general damages.
A.B. v. Joe Singer Shoes Limited, Divisional Court, employment law, general damages, hrto, HRTO damages, human rights training, Human Rights Tribunal of Ontario, Kevin Sambrano, remedies, Sambrano Legal Services, Sanford v. Koop, small claims court, special damages, Superior Court of Ontario, the Code
April 23, 2018 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Uncategorized
Co-op students may be covered by the “Code”, and should be afforded the same inalienable rights as all other employees during a potential interview or co-op placement.
2 C.H.R.R. D/487, 2005 HRTO 53, 2011 HRTO 1724, applicant’s injury to dignity, Browning v. Northend Body Shop Ltd.2017 HRTO 1001, co-op students, discrimination, employer vicarious liablility, employment law, Faryna v. Chorny, feelings and self-respect, Hartling v. Timmins Board of Police Commissioners (1981), hrto, human rights applications, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, Ontario Human Rights Code, Sanford v. Koop, sex, the Code, vicariously liability, Whale v. Keele North Recycling
March 26, 2018 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights
Although there may be social norms at play, a business owner would do well to continue to update and implement workplace and human rights policies on an ongoing basis, otherwise, they may be liable for any breach of the “Code”, whether intended or otherwise.
discrimination, employment law, George v. 1735475 Ontario Limited, harrassment, hrto, human rights applications, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, Ministry of Labour, nigglet, personal respondent, poisoned work environments, social norms, workplace harassment
February 26, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights
In this matter, the Request to Expedite was dismissed through a letter from the Registrar. In the interim decision, the Tribunal further explained that in matters dealing with process, there are no grounds for reconsideration, as only final orders may be reconsidered.
discrimination, discrimination in services, employment law, expedited hearings, Fish v. national Steel Car Litd., harrassment, hrto, human rights applications, human rights code, Human Rights Tribunal of Ontario, interim decison, interim decisons, Kevin Sambrano, procedural fairness, reprisal, Request to Expedite, Rule 21, Rules of Procedure, the Code, Toronto Paralegal
January 29, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights
In the matter of Abrams v. Kupar, the applicant, who was pregnant at the time, was terminated from a new job. The applicant believed it was due to the fact that she was pregnant. The respondent alleged that the termination had nothing to do with her pregnancy, but rather that the employee was not suited for the job. The matter was heard at the Human Rights Tribunal of Ontario. The Tribunal’s decision was in favour of the respondent.
Abrams v. Kupar, Code, code-breach, discrimination, duty to accommodate, employment law, family accommodation, hrto, human rights code, Human Rights Tribunal of Ontario, interim orders, Kevin Sambrano, Kevin Sambrano human rights paralegal, maternity leaves, obligation under the Code, Ontario Human Rights Tribunal, pregnancy, Sambrano Legal Services
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.
accommodation to undue hardship, Canada (Attorney General) v Johnstone, childcare obligation, discrimination, duty to accommodate, employment law, family accommodation, family status, Family Status Accommodation, hrto, human rights code, Human Rights Tribunal of Ontario, interim decisions, interim orders, Johnstone test, Johnstone v Canada, Kevin Sambrano, maternity leaves, obligation under the Code, Ontario Human Rights Tribunal, Sambrano Legal Services, Tomlinson v. Runnymede Healthcare Centre
August 30, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights
The Code protects employees from discrimination based on various protected grounds. One of the more difficult of these may be pregnancy, as often the question becomes not whether or not the applicant was pregnant, but rather when the employer became aware of the pregnancy, and whether or not the pregnancy was a factor in the employee’s termination.
discrimination based on pregnancy, duty to accommodate, fairness, hrto, Kevin Sambrano human rights paralegal, pregnancy, Probation period, Sloan v. Just Energy Corporation, termination, the Code, wrongful dismissal
July 18, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Pensions and Benefits
Back in December 2015, I wrote a blog post on a recent Human Rights Tribunal of Ontario decision in Bottiglia v. Ottawa Catholic School Board. The case concerned the ability of an employer to demand an Independent Medical Exam in circumstances where there was no clear contractual or express statutory authority.
duty to accommodate, employment contract, employment law, hrto, human rights code, Human Rights Tribunal of Ontario, Independent Medical Exam, medical evidence, sick-leave benefits, stress leave
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.
accommodation, discrimination, duty to accommodate, employment law, family status, hrto, human rights code, Human Rights Tribunal of Ontario, Job abandonment, Kevin Sambrano, Misetich v. Value Village Stores Inc., obligation under the Code, Sambrano Legal Services
February 27, 2017 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. The matter was addressed in one of the first Tribunal decisions of 2017, Ben Saad v. 1544982 Ontario Inc.
accomdation to the point of undue hardship, accommodate disability, Ben Saad v. 1544982 Ontario Inc., damages, Disability, employment law, Foreign workers, hrto, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, migrant worker, policies and procedures, termination, undue hardhsip
November 23, 2016 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights
Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.
accommdation, Disability, employment relationship, hrto, HRTO damages, human rights, human rights code, Human Rights Tribunal of Ontario, injury to dignity feeling and self-respect, Kevin Sambrano Human Rights Paralegal Toronto, medical documentation, medical notes, policies and procedures, reprisal, Thompson v. 1552754 Ontario Inc, Workplace discrimination, workplace education
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.
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
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.
colour, Dabic v. Windsor Police Service, discrimination, employment law, Forde v. Elementary Teachers’ Federation of Ontario, Howell v. United Steelworkers, hrto, human rights code, Kevin Sambrano human rights Toronto, race and colour, Racsim, Resonable prospect of success, Rule 19A of the Tribunal’s Rules of Procedure, Sambrano Legal, Summary Hearings, the Code, Tribunal, union, vocational association
December 23, 2014 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation
Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. On October 31, 2008 the applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination based on race. The respondents, Knoll, denied the allegations.
Adams v. Knoll North America, anger management, anti-Black racism, discrimination, EAP, Employee Assistance Plan, employment law, HRCO, hrto, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano, Knoll, monetary awards, Ontario human rights commission, paralegal, prohibited grounds of discrimination, Racial Stereotyping, racialization, racism, termination, the Human Rights Code
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
