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human rights application

By McCarthy Tétrault LLP | 4 Minutes Read September 3, 2014

Employers should take advantage of Human Rights summary hearings

A few years back, the human rights system in Ontario was overhauled. The Human Rights Commission was to no longer investigate complaints and refer them to the Human Rights Tribunal (if they had some merit). All cases were to now go directly to the Tribunal for adjudication. Applicants (who are primarily employees) would have “direct access” to the Tribunal.

Article by McCarthy Tétrault LLP / Employee Relations, Human Rights / discrimination, employment law, human rights application, human rights code, human rights commission, Human Rights summary hearings, human rights system in Ontario, human rights tribunal, investigate complaints, reasonable prospect of success, summary hearing process

By Stringer LLP | 5 Minutes Read November 15, 2013

Two kicks at the can: Worker allowed to re-litigate WSIB accommodation dispute at the Human Rights Tribunal

Most employers are likely familiar with the WSIB return to work process which often involves a WSIB employee attending at the workplace for the purpose of identifying suitable and sustainable work for the injured worker. In circumstances where there is a dispute about whether a position is suitable and/or available, the WSIB will examine the circumstances and make a written decision. The worker and the employer have the right to appeal an adverse decision initially to the WSIB Appeals Branch and ultimately to the independent Workplace Safety and Insurance Appeals Tribunal.

Article by Stringer LLP / Employee Relations, Health and Safety, Human Rights, Payroll / canadian employment law, civil action, company could not accommodate the worker, Disability, discrimination based on disability, duty to accommodate, employment law, human rights application, human rights tribunal, litigate accommodation issues in multiple forums, Return to work, suitable and sustainable work for the injured worker, temporary modified work program, workers compensation, workers’ compensation boards, Workplace Safety and Insurance Appeals Tribunal, wsib, WSIB accommodation dispute

By Stringer LLP | 3 Minutes Read February 6, 2013

Don’t wait until the last minute to settle at the Tribunal

Employers face a choice when confronted with a human rights application from an employee or former employee: settle or defend.

Article by Stringer LLP / Human Rights / employment law, financial compensation, human rights application, human rights tribunal, mediation services, settlement, Tribunal case law, violation of the Code

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