human rights code

Smokers need not apply: can Ontario employers refuse to hire nicotine users?

February 14, 2020 Vey Willetts LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, 0

As of February 1, 2020, U-Haul no longer hires nicotine users in 21 of the US states in which it operates. The company, which employs over 30,000 people across the US and Canada, announced this new policy late last year. While it may be easy to understand U-Haul’s stated rationale for introducing this anti-tobacco policy, to adopt the same in Ontario would likely expose the company to liability.

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Is “accent” protected under the Ontario Human Rights Code?

December 18, 2019 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Training and Development, 0

The applicant, originally from India, initially filed an application at the Human Rights Tribunal of Ontario alleging reprisal in employment. The applicant alleged he had been offered a job and that during the training period, the trainer had made a number of remarks in regard to the applicant’s accent when speaking English.

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Employer’s duty to investigate under the “Code”

August 1, 2019 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, 0

Nelson v. Lakehead University is a noteworthy decision from the Human Rights Tribunal of Ontario as it articulates the complexity of any human rights matter before the Tribunal, and further underscores the employer’s duty to investigate.

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Evidence and credibility at the HRTO

April 24, 2019 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights, 0

Age is one of the protected grounds under Ontario’s Human Rights Code. Like all jurisdictions credible evidence, whether documentary or witness testimony, is needed for either side to support their version of facts.

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The employee’s responsibility under the “Code”

February 26, 2019 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

Accommodation under the “Code” is a bridge where both parties must meet. What happens if a reasonable effort is not made on the part of the applicant?

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To google or not to google? Candidate background checks

October 10, 2018 Lisa Stam, Spring Law Human Resources, Human Rights, Recruiting and Hiring

In the information age it’s usually relatively easy to find out all about someone by doing a simple Google search. The burning question of online daters, “do I google my date before the date?” applies equally to employers. Can, and should, an employer background check a candidate? If so when? And how deep can and should they go?

background checks, employment law, human rights code, protected grounds of discrimination

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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Ainmelk v. Jeoffrey: Interim remedies at the HRTO revisited

July 20, 2018 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights

Although the Tribunal does have the power to issue orders in regard to compliance, it is rare that they are granted, based on a very specific criteria that must be met. One should review each guideline carefully before requesting such an order in the interest of time, money, and adding to the complexity of the matter.

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Three popular articles this week on HRinfodesk

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.

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HRTO confirms co-op student’s right to pursue interests

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.

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Human Rights Tribunal of Ontario: the “Code” matters, not social norms

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.

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No reason given for refusal of HRTO request to expedite, no reasons required

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.

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Abrams v. Kupar: Pregnancy not a factor in short-term employee’s termination

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.

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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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Reinstatement of employment at the Human Rights Tribunal

November 23, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.

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