Human rights complaint
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.
ancestry, BC human rights tribunal, characteristics protected under the code, Citizenship, discrimination, discrimination with respect to employment, employment law, employment relationship, ethnic origin, family status, hiring, Human rights complaint, interview process, Interview questions, job interview, protected grounds of discrimination, recruiting
September 22, 2017 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Human Resources, Human Rights
Many employers in Canada use temporary workers supplied by employment agencies so that they don’t have to have full time employees and the obligations associated with full time staff such as severance, benefit and other monetary entitlements.
discrimination, employment law, Human rights complaint, prohibited ground under human, Temporary worker, termination
April 4, 2017 Employer Advisor, McCarthy Tétrault LLP HR Policies and Procedures, Human Resources, Human Rights, Union Relations
A recent decision of the BC Human Rights Tribunal serves as a useful reminder of the utility of a reasonable settlement offer, which can result in the Tribunal putting an end to complaint proceedings without a hearing.
accommodation, accommodation of disability, Disability, discrimination based on disability, employment law, human rights code, Human rights complaint, human rights tribunal, reasonable settlement offer, Sebastian v. Vancouver Coastal Health and others (No. 3), settlement offer
September 1, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Penalties and Fines, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation
The three popular articles this week on HRinfodesk deal with: the issue of workplace absenteeism; a case that addresses the issue of medical marijuana use by an employee who works in a safety-sensitive position; and a FAQ that addresses the provincial standard for training employees on Bill 132 (Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016).
Bill 132, decrease employee absences, employee absences, employment law, health and safety, Human rights complaint, loss of workplace productivity, marijuana use, medical marijuana, occupational health and safety act, OHSA, Ontario Ministry of Labour Code of Practice, presenteeism, safety risk, safety-sensitive work, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment)
June 9, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Recruiting and Hiring
The three popular articles this week on HRinfodesk deal with:An Ontario human rights case where an employee’s dismissal by her employer for having lied about when she found out about her pregnancy was ruled to be non-discriminatory; a decision that clarifies that the duty to mitigate does not apply when an employer terminates a fixed-term employment contract before its end date; and an FAQ that looks at an employee who is looking for accommodation to care for their child because they cannot afford daycare.
accommodation on the basis of family status, accommodation policy, contractual damages, discrimination, duty to mitigate, employment contract, employment law, employment standards, firing pregnant employee, fixed-term contracts, human rights code, Human rights complaint, human rights tribunal, labour relations, Terminating a fixed-term contract early, workers compensation, Workplace discrimination
November 17, 2015 Vey Willetts LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
The Ontario Human Rights Tribunal and the Courts have broken new ground in recent months, both in terms of the reach of anti-discrimination laws and the consequences for those who are found in breach. While the vast majority of employers provide respectful and inclusive workplaces, there are exceptions to this rule and sometimes, despite all […]
anti-harassment and discrimination policy, employment law, human rights claims, Human rights complaint, human rights in the workplace, Investigate claims, Pro Bono Law Ontario, respectful and inclusive workplaces
June 17, 2014 Clear Path Employer Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
After a recent Federal Court of Appeal ruling, employers are now faced with the responsibility of accommodating employee requests relating to childcare – providing it does not cause the employer undue hardship. This is the first time a ruling seems to clarify what employers’ obligations are when it comes to accommodation based on family status under human rights legislation. But is this too much for employers?
Accommodating Childcare, anna aceto-guerin, Canadian Human Rights Tribunal, Child care obligations, Clear Path Employer, clear path employer services, compensation, Due diligence, duty to accommodate, Employer Implications, employment law, family status, Family Status Accommodation, Family Status Discrimination, federal court of appeal, Human rights complaint, Is accommodation too much?, Legal Obligation, lost wages, Parental Obligation, reasonable efforts
May 21, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Union Relations, Wages and Compensation
The Federal Court of Appeal has released two companion decisions in Attorney General of Canada v Fiona Johnston and the Canadian Human Rights Commission 2014 FCA 110 (“Johnston”) and Canadian National Railway v. Denise Seeley and the Canadian Human Rights Commission 2014 FCA 111 (“Seeley”) that confirm that discrimination on the prohibited ground of “family status” includes child care obligations and in elaborating on the appropriate test to be used in order to determine when an employee can establish a prima facie case of discrimination on the basis of family status contrary to the Canadian Human Rights Act.
Canadian Human Rights Act, canadian human rights commission, Child care obligations, childcare obligations, discrimination, discrimination on the basis of child care responsibilities, discrimination on the basis of “family status.”, employment law, family status, Human rights complaint, human rights tribunal, prohibited ground of family status, test for discrimination
March 28, 2014 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring
Kimberly Ouwroulis filed a Human Rights complaint alleging discrimination based on her age. The complaint was filed after she was terminated from her job as an exotic dancer at a strip club, allegedly, for being too old. As a highly publicized case, experts quickly asked the question whether or not age, for an exotic dancer, is a BFOQ?
bfoq, BFOR, bona fide occupational requirement, discrimination, discrimination based on age, duty to accommodate, employer’s ability to terminate an employee based on age, employment law, good faith belief, human rights code, Human rights complaint, human rights tribunal, job requirement, Kevin Sambrano, Meiorin, Ontario human rights commission, Ontario Human Rights Commission Policy, Ouwroulis v. New Locomotion, performance of the job, physical appearance of youth, prohibited grounds of discrimination, termination
March 26, 2014 Christina Catenacci Human Resources, Human Rights, Recruiting and Hiring
This human rights case demonstrates the importance of preparing and maintaining proper documentation when interviewing job applicants for a position with the employer. In fact, the notes of the hiring manager in this case highlighted the fact that there were other reasons for not hiring a job applicant—and those notes likely prevented the employer’s liability.
age, age discrimination, application forms, discrimination, documentation, duty to accommodate persons with disabilities, employer did not discriminate against the applicant based on age, employer's liability, employment, employment law, hiring, hiring manager, hiring process, Human rights complaint, importance of documentation, interview, job applicant, Job offer, pre-screening process, principle of equal opportunity, principle of non-discrimination, selection process, telephone conversation, The Northwest Territories Human Rights Adjudication Panel
December 5, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations
Three of the most popular articles this week on HRinfodesk deal with an excessive termination for a safety violation; an harassment complaint based on the prohibited ground of gender and how human resource issues can be challenging for volunteer boards of not-for-profit.
Alberta Human Rights Tribunal, canadian employment law, condominium corporations, disciplinary measure, employment law, executive director, harassment, HR committee, HR issues, HR Law, Human rights complaint, last-chance agreement, not-for-profit, one-day suspension, personnel issues, prohibited ground of gender, safety violation, termination, termination was excessive, terminations, volunteer boards
April 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.
breach of the Code, comparable job, damages for injury to dignity, depression, duty to accommodate, employee was to be reinstated into a suitable position, employee’s need for accommodation, employment law, extended absence, feelings, Human rights complaint, leave of absence, long-term disability benefits, lost wages, LTD, medical evidence, medical information, not open to accommodating the Applicant, occupational health and safety act, Ontario Human Rights Tribunal, Ontario Teachers Insurance Plan, OSHA, personal liability, post-traumatic stress disorder, pre-injury position, reinstatement, return an employee to the workplace after an extended absence, Return to work, school board, self-respect, total wage loss
October 16, 2012 Simon Heath, BA, MIR, LLB, Heath Law Human Resources, Human Rights
Just in case employers needed yet another reason to be careful to ensure that employees in their workplaces treat one another with respect and avoid a “locker room mentality”, the Ontario Human Rights Tribunal has provided one. In Lombardi v. Walton Enterprises, (2012) HRTO 1675 the Tribunal found a corporate employer and Assistant Manager jointly and severally liable for homophobic slurs directed at an employee.
allegations of harassment, discrimination, harassment, harassment policy, homophobic comments, homophobic slurs, Human rights complaint, investigation procedure, jointly and severally liable, locker room mentality, Ontario Human Rights Tribunal, racial slurs, sexual orientation, treat one another with respect, workplaces
September 6, 2012 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
In recent years, employers seem to be struggling with “missing employees” that provide vague doctors’ notes and then disappear, assuming their job is safe. What can employers do? Do you have the right to ask for medical information? Can they dismiss the employee if they don’t provide proper justification for their absence?
abuse of sick leave, accommodated with modified duties, accommodation, accommodation options, Employees with disabilities, employment law, employment relationship, Functional Abilities Form, get out of work free cards, Human rights complaint, job description, Labour Law, medical documentation, medical information, proper justification for absence, Return to work, sick leave, termination of the employment relationship, time off
September 5, 2012 Andrew Lawson Human Resources, Human Rights
As an employer it is always possible that your organization will become involved in a human rights complaint— most likely as the respondent. Being the respondent means that a complaint has been filed against you, probably by an employee, former employee, customer or other member of the general public. You must respond in writing to the Human Rights Tribunal of Ontario (HRTO) within 35 days in order to preserve your legal rights.
discrimination, employment law, Human rights complaint, human rights complaint application, Human Rights Tribunal of Ontario, legal advice, legal rights, respondent
Which is more practical, absolutely no office romance policy or allowed but need to disclose? IMO, the need to disclose, while accommodating, complexity and unnecessary... – Dec 15, 1:39 PM
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
Yet another reason for employers to avoid ‘locker-room mentality’ at work
October 16, 2012 Simon Heath, BA, MIR, LLB, Heath Law Human Resources, Human Rights
Just in case employers needed yet another reason to be careful to ensure that employees in their workplaces treat one another with respect and avoid a “locker room mentality”, the Ontario Human Rights Tribunal has provided one. In Lombardi v. Walton Enterprises, (2012) HRTO 1675 the Tribunal found a corporate employer and Assistant Manager jointly and severally liable for homophobic slurs directed at an employee.
allegations of harassment, discrimination, harassment, harassment policy, homophobic comments, homophobic slurs, Human rights complaint, investigation procedure, jointly and severally liable, locker room mentality, Ontario Human Rights Tribunal, racial slurs, sexual orientation, treat one another with respect, workplaces