Kevin Sambrano

Is “accent” protected under the Ontario Human Rights Code?

December 18, 2019 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Recruiting and Hiring, Training and Development, 0

The applicant, originally from India, initially filed an application at the Human Rights Tribunal of Ontario alleging reprisal in employment. The applicant alleged he had been offered a job and that during the training period, the trainer had made a number of remarks in regard to the applicant’s accent when speaking English.

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The employee’s responsibility under the “Code”

February 26, 2019 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights

Accommodation under the “Code” is a bridge where both parties must meet. What happens if a reasonable effort is not made on the part of the applicant?

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Interim remedies at the HRTO revisited following termination

October 22, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

The previous article citing Tomlinson v. Runnymede Healthcare Centre discussed interim orders at the Human Rights Tribunal of Ontario. Of note is the rarity of a decision that institutes compliance on the part of the respondent prior to the conclusion of the matter. In such a request, the burden of proof is placed squarely upon the applicant, as in Codrin v. Commissionaires Great Lakes.

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Lack of evidence works against employer at the HRTO

September 10, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

In the matter of Puniani v. Rakesh Majithia CA Professional Corporation, after being terminated from her employment, the applicant filed a complaint with the Human Rights Tribunal of Ontario alleging discrimination based on sex. The respondents denied any such claims and alleging the reason for the applicant’s termination was related to job performance.

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Ainmelk v. Jeoffrey: Interim remedies at the HRTO revisited

July 20, 2018 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights

Although the Tribunal does have the power to issue orders in regard to compliance, it is rare that they are granted, based on a very specific criteria that must be met. One should review each guideline carefully before requesting such an order in the interest of time, money, and adding to the complexity of the matter.

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The double “financial” jeopardy of HRTO damages against the employer

May 22, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

An employer named in a Human Rights Tribunal of Ontario Application, if decided against, may be responsible for both wage loss and most likely general damages.

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HRTO confirms co-op student’s right to pursue interests

April 23, 2018 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Uncategorized

Co-op students may be covered by the “Code”, and should be afforded the same inalienable rights as all other employees during a potential interview or co-op placement.

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Human Rights Tribunal of Ontario: the “Code” matters, not social norms

March 26, 2018 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights

Although there may be social norms at play, a business owner would do well to continue to update and implement workplace and human rights policies on an ongoing basis, otherwise, they may be liable for any breach of the “Code”, whether intended or otherwise.

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No reason given for refusal of HRTO request to expedite, no reasons required

February 26, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights

In this matter, the Request to Expedite was dismissed through a letter from the Registrar. In the interim decision, the Tribunal further explained that in matters dealing with process, there are no grounds for reconsideration, as only final orders may be reconsidered.

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Abrams v. Kupar: Pregnancy not a factor in short-term employee’s termination

January 29, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights

In the matter of Abrams v. Kupar, the applicant, who was pregnant at the time, was terminated from a new job. The applicant believed it was due to the fact that she was pregnant. The respondent alleged that the termination had nothing to do with her pregnancy, but rather that the employee was not suited for the job. The matter was heard at the Human Rights Tribunal of Ontario. The Tribunal’s decision was in favour of the respondent.

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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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E.T. v. Dress Code Express Inc., the “Code” as applied to minors

July 26, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

The Ontario Human Rights Code is extensive in its efforts to protect persons within Ontario, and may apply to minors in the workforce. Regardless of the age of the employee, chances are they are covered by the “Code,” and their rights may be enforced if not by the employee, then by a litigation guardian. Age as well as the other protected grounds, is not an excuse or invitation for abuse.

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Marijuana use remains cloudy

June 29, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights

As laws regarding marijuana continue to evolve, even now employers are faced with ongoing legal questions concerning medical marijuana use in the workplace.

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The “G” word: Brooks v. Total Credit Recovery Limited

May 24, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace.

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Vexatious litigants and abuse of process at Tribunal

April 26, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

The Human Rights Tribunal of Ontario has the authority to govern its own proceedings. Within this authority is the power to declare any applicant a vexatious litigant and to identity any abuse of process, either of which may result in the dismissal of an Application. The recent interim decision addresses both of these issues.

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