First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

interim decisions

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

Whether 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.

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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.

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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.

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