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Kevin Sambrano human Rights

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read September 29, 2015

No “give and take” required by employee in accommodation under the Human Rights Code

dutytoaccommodate1The 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 a result of a restructuring within the applicant’s department. The hearing was held over the course of 3 days.

Background

Prior to the applicant being hired, the applicant had been diagnosed with a chronic medical condition which required frequent time off from work. At the time of her termination, the applicant had worked with the respondent for approximately 3 years. The applicant testified that due to her disability, she was required to attend a series of medical appointments during the workday.

During a meeting in late September of 2010, the respondent was called into … Continue reading “No “give and take” required by employee in accommodation under the Human Rights Code”

Article by Kevin Sambrano, Sambrano Legal Services / Accessibility Standards, Employee Relations, Employment Standards, Human Rights, Payroll / 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

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read August 26, 2015

Respondents challenge $100,000.00 human rights decision

Rule of lawWhile 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.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll / ancestry, Big Inc. cob Le Papillon on the Park, Big Inc. v. Islam, colour, creed, Danielle Bigue, employment law, ethnic origin, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, monetary awards, Ontario Human Rights Tribunal, place of origin, prohibited grounds of discrimination, race, Sambrano Legal Services, termination, the Code, the Human Rights Code, willsay statement

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read July 29, 2015

The Human Rights Code and Res Judicata: G.G. v. […] Ontario Limited

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.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll / G.G. v. […] Ontario Limited, harassment, Human right paralegal toronto, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, monetary awards, Ontario Human Rights Tribunal, prohibited grounds of discrimination, Sambrano Legal Services, sex, sexual harassment, sexual harassment in the workplace, sexual solicitation, termination, the Code, the Human Rights Code, Tribunal remedies

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