judicial review
November 4, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations
Last year, we reported on the notable Human Rights Tribunal decision of Fair v. Hamilton-Wentworth District School Board where the Tribunal ordered the reinstatement, along with over $400,000 in back pay and damages, to an employee despite the employee having been away from the workplace for almost a decade.
back pay and damages, disability leave, discrimination, duty to accommodate, employment law, failed to properly accommodate an employee, Fair v. Hamilton-Wentworth District School Board, human rights tribunal, judicial review, monetary award uncharacteristically high, reinstatement, Reinstatement as a remedy, termination, to the point of undue hardship
August 21, 2013 Christina Catenacci Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Recruiting and Hiring, Standard for Employment, Union Relations
The Ontario Superior Court of Justice Divisional Court just quashed the grievance settlement board’s decision that a probationary employee’s termination was arbitrary and discriminatory and granted the application for judicial review. The evidence was clear that the employer’s decision to terminate the probationary employee was neither arbitrary nor discriminatory. In fact, the decision to terminate came after numerous reviews of the employee’s work and conversations about performance concerns.
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February 19, 2013 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
Do employers have to accommodate the “childcare responsibilities” of their employees to the point of undue hardship? The Federal Court has confirmed that in the federal jurisdiction the answer is yes subject to the requirement that the childcare responsibility be a “substantial parental obligation”.
Attorney General of Canada and Johnstone, bona fide occupational requirement, Canadian Human Rights Act, canadian human rights commission, Canadian Human Rights Tribunal, childcare obligations, childcare responsibilities, discrimination, Do employers have to accommodate the "childcare responsibilities", duty to accommodate, employers have an obligation to accommodate the substantial parental obligations of their employees, family status, Federal Court, federally regulated employers, flexibility in the workplace, human rights complaints, individualized plan of accommodation, judicial review, policies and procedures, prohibited ground of discrimination, substantial parental obligation, to the point of undue hardship, undue hardship, workplace rule
November 6, 2012 Stringer LLP Employment/Labour Standards, Human Resources, Human Rights
It has been a year since the Supreme Court of Canada’s decision in British Columbia (Workers’ Compensation Board) v. Figliola (“Figliola”). In Figliola, the Supreme Court stated that human rights complaints should not be relitigated before a human rights tribunal when they have already been litigated before another tribunal, such as the workers’ compensation board (“WSIB”), or a labour arbitration tribunal.
employment law, employment standards act, Figliola test, forum-shopping, human rights complaints, human rights issues, human rights tribunal, judicial review, labour arbitration tribunal, Minister of Labour, proceeding, Supreme Court of Canada, the procedural or substantive correctness, Workers' Compensation Board