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Human rights complaint

By Vey Willetts LLP | 4 Minutes Read November 17, 2015

Protecting human rights in the workplace: Lessons for employers

humanrightsintheworkplaceThe 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 best efforts, issues still arise.

The following three cases provide a useful reminder of how human rights law may impact your workplace:

O.P.T. v. Presteve Foods Ltd. (2015 HRTO 675)

Due to the prolonged period over which the material events in this case occurred, and the inherent power imbalance between the parties, it is one of the more disturbing to pass through the Human Rights Tribunal. Two sisters, M.P.T and O.P.T., came from Mexico to work at a fish processing plant. Shortly after commencing work, they were subject to unwanted sexual advances from the company’s … Continue reading “Protecting human rights in the workplace: Lessons for employers”

Article by Vey Willetts LLP / Employee Relations, Human Rights, Payroll / 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

By Clear Path Employer Services | 3 Minutes Read June 17, 2014

Is an employer’s duty to accommodate becoming too much?

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?

Article by Clear Path Employer Services / Employee Relations, Human Rights, Payroll, Union Relations / 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

By Simon Heath, BA, MIR, LLB, Heath Law | 3 Minutes Read May 21, 2014

Federal Court of Appeal outlines test for discrimination on the basis of child care responsibilities

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.

Article by Simon Heath, BA, MIR, LLB, Heath Law / Employee Relations, Human Rights, Payroll, Union Relations / 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

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