place of origin

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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The Supreme Court of Canada interprets workplace discrimination broadly

April 4, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada considered the scope of section 13(1) of BC’s Human Rights Code, which concerns discrimination “regarding employment or any term or condition of employment.”

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Respondents challenge $100,000.00 human rights decision

August 26, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

While 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.

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Termination was at least in part because of perceived communication difficulties in English

October 20, 2014 Christina Catenacci Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation

In Liu v Everlink Services Inc, the Ontario Human Rights Tribunal decided that, when a Chinese Canadian employee, Liu, was terminated from his employment, he was discriminated against on the ground of place of origin.

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Facebook posting about co-worker = workplace harassment

August 6, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

In a recent case the Ontario Human Rights Tribunal found that a facebook posting about a co-worker’s Mexican heritage was prohibited workplace harassment under the Human Rights Code .

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The impact of human rights legislation on the interview process

April 23, 2013 Earl Altman Accessibility Standards, Employee Relations, Human Resources, Human Rights, Recruiting and Hiring, Standard for Employment

Many H.R. Departments pride themselves on the skill with which they can interview prospective employees in order to assess their qualifications for the position being advertised, the fit of the employee with the organization, and the likelihood that the employee will stay with the organization for a reasonable period of time. What employers are often not cognizant of is the limitation imposed on this process by the provisions of various provincial and federal Human Rights statutes.

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