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By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read January 28, 2016

Family status under the Code: Recent developments

The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll, Union Relations / caregiving, Country Style Donut, discrimination, discrimination based on family status, discrimination on the grounds of sex and family status, duty to accommodate, employment law, family status, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human rights paralegal, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, lost income, marital status, monetary awards, Ontario Human Rights Tribunal, paralegal, policies and procedures, policy of progressive discipline, prohibited grounds of discrimination, Sambrano Legal Services, sick leave, termination, the Code, the Human Rights Code

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 February 23, 2015

Emra v. Impression Bridal Ltd.: The hefty price of ignorance of the ‘Code’

The human rights case of Emra v. Impression Bridal Inc. reminds us that a disability may be  hidden, but when brought to the employer’s attention, it should not be ignored

Article by Kevin Sambrano, Sambrano Legal Services / Accessibility Standards, Employee Relations, Human Rights, Payroll / ADD, anxiety, Disability, discrimination, duty to accommodate, employment law, Emra v. Impression Bridal Ltd., Human Rights Legal Support Centre, human rights remedies, human rights training, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, monetary awards, Ontario Human Rights Tribunal, paralegal, perceived disability, prohibited grounds of discrimination, Sambrano Legal Services, termination, the Code, the Human Rights Code

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