poisoned work environment
January 29, 2020 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll,
In 2018, a group of eight Caucasian employees of the Spruce Hill Resort and Spa Ltd. (“the Resort”) in British Columbia made a complaint to the British Columbia Human Rights Tribunal (“the Tribunal”), in which they alleged that they had been terminated from their employment because they were not Chinese. The Tribunal found that seven of the employees had been discriminated against on the basis of race and colour, and one employee had been discriminated against on the basis of sex.
discrimination based on race, discrimination based on sex, employment law, poisoned work environment, sexual harassment
June 8, 2018 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
It would appear that there is an increasing willingness on the part of the HRTO to grant significant monetary awards to discriminated employees.
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October 17, 2017 Rubin Thomlinson LLP Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development
Although a similar CSI-style wall is unlikely to be recreated in a typical workplace, other examples of pervasive, non-specific harassment may arise. It is incumbent upon leaders at all levels in an organization not just to recognize harassment and potentially, a poisoned work environment, but to take steps to remedy the issues.
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September 15, 2017 Vey Willetts LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights
This article details the outcome of the case of a woman who suffered repeated workplace harassment and discrimination and her employer’s failure to accommodate her reasonable requests for accommodation of both her pregnancy and disability, as defined under the Human Rights Code.
Discrimination based on gender, discrimination based on race, employment law, Failure to accommodate, poisoned work environment, workplace harassment and discrimination
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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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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February 24, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, Union Relations, Wages and Compensation
Does an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code? This issue was determined in a recent decision from the Human Rights Tribunal of Ontario.
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November 25, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights
Under section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision.
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June 22, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development
A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.
2252466 Ontario Inc. o/a The Ground Guys, age, ancestry, British Columbia (Public Service Employee Relations Commission) v. BCGSEU, colour, Disability, discrimination, duty to accommodate, employment law, harassment, 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, poisoned work environment, prohibited grounds of discrimination, race, Sambrano Legal Services, sex, sexual orientation, termination, the Human Rights Code
November 20, 2013 Simon Heath, BA, MIR, LLB, Heath Law HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
Arbitrator Deborah Leighton has made history in her recent decision on remedy in OPSEU (Ranger) v. Ontario (Ministry of Corrections) 2013 CanLii 50479, which was released this past July 2013 by awarding more than $100,000 in damages for breach of the Ontario Human Rights Code and the applicable collective agreement for discrimination, harassment and poisoned work environment.
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November 12, 2013 Alison J. Bird Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
There appears to be a growing trend of employee claims against employers arising from their treatment in the workplace. This can take many forms such as an action for constructive dismissal based on a poisoned workplace, or a demand for bad faith damages as a result of the manner of dismissal, or a claim for damages to compensate for the mental distress caused by harassment or bullying.
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September 12, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with the 2014 compensation forecast, when a poisoned work environment becomes a constructive dismissal, and the difference between sexual harassment and harassment.
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August 13, 2013 Stringer LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights
In a recent decision, General Motors of Canada Limited v. Johnson, the Ontario Court of Appeal provided clarity on an employee’s burden of proof when alleging constructive dismissal based on a poisoned work environment.
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February 28, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits
The three most viewed articles on HRinfodesk this week deal with EI parental benefits for a twin birth, another federal court ruling on discrimination regarding childcare obligations and how an employer responded to online harassment of management.
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February 11, 2013 Alison J. Bird Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
Across Canada, there is a trend in human rights law to increase protections for transgendered individuals. Last year, Ontario and Manitoba joined the Northwest Territories in expressly including “gender identity” as a prohibited ground of discrimination under their human rights legislation. Ontario also included “gender expression” as a prohibited ground. In addition, Nova Scotia in 2012 added “gender identity” and “gender expression” to its Human Rights Act to protect transgendered persons from discrimination.
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HI Barry, Given the Emergency Order in Ontario, and the introduction of Ontario Regulation 73/20 would not those actions relieve against the ESA 13 week... – Apr 02, 4:55 PM
We are splitting the total number of employees into two groups - on a weekly rotation basis. One group is coming one week and another... – Mar 25, 5:13 PM
