injury to dignity
October 29, 2019 Stringer LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development,
#MeToo has quickly caught wind as a widespread movement that sheds light on the prevalence of sexual assault and harassment, particularly in the workplace. As a result of the movement, society’s attitudes towards workplace sexual harassment have started to change; but, has this impacted how courts and tribunals approach sexual harassment cases?
employment law, injury to dignity, sexual harassment, sexual harassment in the workplace, sexually harassed, workplace harassment policy
October 10, 2019 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Health and Safety, Human Resources, Payroll, Wages and Compensation,
The three popular articles this week on HRinfodesk deal with expected salary increases in 2020, worker reluctance to admit mental illness at work and discriminatory hiring practices.
depression, discrimination, discriminatory hiring practices, employment law, hiring practices, injury to dignity, Mental illness, salary increases
June 8, 2018 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
It would appear that there is an increasing willingness on the part of the HRTO to grant significant monetary awards to discriminated employees.
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July 26, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
The Ontario Human Rights Code is extensive in its efforts to protect persons within Ontario, and may apply to minors in the workforce. Regardless of the age of the employee, chances are they are covered by the “Code,” and their rights may be enforced if not by the employee, then by a litigation guardian. Age as well as the other protected grounds, is not an excuse or invitation for abuse.
ancestry and racial harassment, discriminatory treatment, employment law, ethnic origins, human rights code, injury to dignity, Kevin Sambrano, Litigation guardian, poisoned work environment, race, sexual harassment, the Code
March 30, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
The applicant alleged that she was terminated when on her first day of work she disclosed to her manager, Ms. Cinzia Conforti, that she was pregnant. In contrast, the respondents attributed her termination to the applicant’s alleged request to work part-time, although she had been newly hired for a full-time position.
74 of Dodds v. 2008573 Injury to Dignity, compensation, damages, discrimination, discrimination on the grounds of sex, Dismissal, duty to accommodate, Employment Insurance (“E.I.”) maternity benefits, employment law, employment relationship, Faryna v. Chorney, feelings and self-respect, Human Rights code of Ontario, Human Rights Legal Support Centre, human rights remedies, human rights training, In ADGA Group Consults Inc. v. Lane, injury to dignity, injury to feelings and self-respect, Kevin Sambrano Human Rights Paralegal Toronto, Maciel vs. Fashion Coiffures, maternity leave, monetary awards, Ontario Human Rights Commission’s (“OHRC”), Ontario Human Rights Tribunal, policies and procedures, pregnancy, prohibited grounds of discrimination, Remedy for Future Compliance, termination, the Human Rights Code, Wage and Benefits Loss
February 24, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations, Wages and Compensation
Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.
British Columbia Court of Appeal, compensation, damages, discrimination, discrimination on the grounds of sex, employment law, employment relationship, Faryna v. Chorny, Hill v. Intersteam Technologies Inc., Human Rights code of Ontario, injury to dignity, injury to feelings and self-respect, Kelly Hill, Kevin Sambrano human rights paralegal, monetary awards, Ontario Human Rights Tribunal, poisoned work environment, policies and procedures, prohibited grounds of discrimination, sexual harassment, the Human Rights Code, workplace, workplace environment, workplace sexual harassment
January 28, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving.
caregiving, Country Style Donut, discrimination, discrimination based on family status, discrimination on the grounds of sex and family status, duty to accommodate, employment law, family status, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human rights paralegal, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, lost income, marital status, monetary awards, Ontario Human Rights Tribunal, paralegal, policies and procedures, policy of progressive discipline, prohibited grounds of discrimination, Sambrano Legal Services, sick leave, termination, the Code, the Human Rights Code
September 29, 2015 Kevin Sambrano, Sambrano Legal Services Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Standard for Employment, Wages and Compensation
The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.[1] The respondent alleged that her termination was […]
Disability, discrimination, Dismissal, duty to accommodate, duty to accommodate an employee with a disability, employment law, Failure to accommodate, HR Law, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, Macon v. Strongco, Michele Macan, monetary awards, Ontario Human Rights Tribunal, paralegal, prohibited grounds of discrimination, Sambrano Legal Services, Strongco Limited Partnership, termination, the Code, the Human Rights Code, undue hardship
September 18, 2015 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Training and Development, Wages and Compensation
A small vegetable and herb business in Ontario recently ran afoul of the Ontario Human Rights Code (“Code”) because it blindly adhered to its attendance policy and failed to consider any alternatives to an employee’s request for a day off work to observe a religious holiday because it interfered with its business demands. The Ontario […]
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August 26, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this can be done.
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July 29, 2015 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring
Generally speaking, res judicata (Latin for “a thing adjudicated”) is the legal doctrine which prevents the same matter from being tried a second time once there has been a verdict or decision in regard to that matter. Under Ontario’s Human Rights Code, a criminal matter being decided in regard to a matter that contains a breach of the Human Rights Code does not necessarily prevent an applicant from filing at the Human Rights Tribunal of Ontario. This was the case in G.G. v. […] Ontario Limited.
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June 22, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development
A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.
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April 9, 2015 Kevin Sambrano, Sambrano Legal Services HR Analytics, HR Policies and Procedures, Human Rights, Training and Development
The recent Human Rights decision of Rollick v. 1526597 Ontario Inc. o/a Tim Horton’s Store No. 2533, addresses what the Tribunal characterized as “heavy handed and unjustifiable” conduct on the part of the employer, when dealing with an employee with a disability.
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February 23, 2015 Kevin Sambrano, Sambrano Legal Services Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Standard for Employment, Training and Development, Wages and Compensation
The human rights case of Emra v. Impression Bridal Inc. reminds us that a disability may be hidden, but when brought to the employer’s attention, it should not be ignored
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January 27, 2015 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation
In the summer of 2013 the applicant, Amanda Lugonia, began a new job at the same time she discovered she was starting a new family, the result of which was instant dismissal from her new employer. The respondent denied that the applicant’s pregnancy was a factor in the termination of her employment and in addition denied knowledge of the pregnancy, claiming the reason for her termination was due to lack of “fit”.
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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
