Johnstone test

HRTO issues rare interim order based on family status

December 19, 2017 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights

As common as an interim order or decision may be, it is uncommon that the Human Rights Tribunal of Ontario may issue an order that institutes compliance on the part of the respondent prior to the conclusion of the matter. Such was the case Tomlinson v. Runnymede Healthcare Centre.

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Accommodation and when employees don’t engage in the process

December 9, 2016 Lisa Stam, Spring Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Union Relations

The Human Rights Tribunal of Ontario (HRTO) released a very important development on family status discrimination, in a case that intersects with disability accommodation law. In Misetich v Value Village Stores, the tribunal reviewed the caselaw, including the Federal Court of Appeal’s Johnstone case, and clarified its test for accommodating family status requests in the workplace.

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Three popular articles this week on HRinfodesk

December 8, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Current and 2017 payroll rates; a case where the Johnstone test is challenged; and an FAQ that addresses Employment Standards Act exemptions, specifically vacation.

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FAQ: Family status and child care difficulties #learnthelatest

June 27, 2016 Cristina Lavecchia Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Training and Development, Union Relations, Wages and Compensation

At the June 2, 2016, Ontario Employment Law Conference, during the Q&A session, we received numerous questions on topics covered at the conference but could not address them all. From time to time, till the next conference, we will be posting and answering some of these questions on the blog.

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Superior Court applies the “Johnstone test” for family status discrimination in wrongful dismissal action

February 4, 2015 Stringer LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

We have written before on the decision of the Federal Court of Appeal in Johnstone v Canada (Border Services), which helpfully crafted a clear and balanced test for family status discrimination in the context of childcare (the “Johnstone test”). The Ontario Superior Court has released the first reported decision in Ontario to apply the “Johnstone test” in the context of a wrongful dismissal action.

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