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interim decisions

By Kevin Sambrano, Sambrano Legal Services | 2 Minutes Read August 26, 2016

Does the Tribunal have the power to deal with allegations of “unfairness” at work?

unjust dismissalWhether or not the Human Rights Tribunal of Ontario has the power to deal with general allegations of unfairness in the workplace was recently revisited in Murray v. YouthLink.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights / ancestry, Dabic v Windsor Police Services, discrimination in employment, employment law, employment relationship, ethnic origin, HR issues, human rights code, Human Rights Tribunal of Ontario, interim decisions, jurisdiction, Kevin Sambrano, Murray v. YouthLink, NOID, Notice of Intent to Dismiss, prohibited grounds, race and colour, racism, Summary Hearings, termination, Tribunal’s Rules of Procedure

By Kevin Sambrano, Sambrano Legal Services | 2 Minutes Read June 22, 2016

To defer or not to defer a human rights application: What are the relevant questions?

Where the Human Rights Tribunal of Ontario finds there is a separate proceeding that may involve similar facts, the Tribunal has discretion to defer consideration of an application until the proceeding has been completed. Such was the question, whether or not to defer the application in the recent interim order in West v.Yogen Fruz Canada Inc.

Article by Kevin Sambrano, Sambrano Legal Services / Accessibility Standards, Employee Relations, Human Rights, Payroll / 2016 HRTO 777, civil suit was pending, deferral of applications, Disability, discrimination in employment, Human Rights code of Ontario, Human Rights Tribunal of Ontario, Human Rights Tribunal Rules of Procedure, interim decisions, Kevin Sambrano, policies and procedures, Rule 14.1, termination, Tribunal’s Rules of Procedure, West v. Yogen Fruz Canada Inc.

By Kevin Sambrano, Sambrano Legal Services | 2 Minutes Read May 13, 2016

Summary hearings at the HRTO: Is an alternative explanation enough?

When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll, Union Relations / 2016 HRTO 428, ancestry, collaborative agreements, colour, discrimination in employment, human rights code, Human Rights Tribunal of Ontario, interim decisions, Kevin Sambrano, Lomotey v. Kitchener Waterloo Multicultural Centre, not-for-profit, ontario, place of origin and ethnic origin, prohibited grounds, race, race and colour, racial profiling, racism, reasonable prospect of success, Reis v. Mississauga, Rule 19A.6, stereotypes, Summary Hearings, Tribunal process, Tribunal’s Rules of Procedure

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