In the case, Bain v. UBS, the Ontario Superior Court of Justice tackled the issue of whether bonuses are too be included when calculating the income that an individual would have earned during a period of reasonable notice.
If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.
A small vegetable and herb business in Ontario recently ran afoul of the Ontario Human Rights Code (“Code”) because it blindly adhered to its attendance policy and failed to consider any alternatives to an employee’s request for a day off work to observe a religious holiday because it interfered with its business demands. The Ontario Human Rights Tribunal’s (“OHRT”) decision in H.T. v. ES Holdings Inc. o/a Country Herbs, 2015 HRTO 1067, is a reminder to small and large business alike to use a thoughtful analysis in meeting both the “procedural” and “substantive” duty to accommodate the legitimate religious needs of their employees.
In this case, Country Herbs operated a small vegetable and herb business that supplied vegetables and herbs to customers in Toronto. Country Herbs busiest days were Monday to replenish stock from the prior weekend and Thursdays to stock for the upcoming weekend. Country Herbs has 23 … Continue reading “HRTO concludes teenage Mennonites discriminated against when fired for observing a religious holiday”