prohibited grounds

Summary hearings and the burden of proof at the HRTO

September 28, 2016 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights

For an application to be fully processed at the Human Rights Tribunal of Ontario, the applicant must establish a nexus or “connection” between the protected ground they are alleging and the conduct of the respondent. This was reiterated in the recent summary hearing of Wasty v. Long Wolf Real Estate Technologies.

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Does the Tribunal have the power to deal with allegations of “unfairness” at work?

August 26, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights

Whether or not the Human Rights Tribunal of Ontario has the power to deal with general allegations of unfairness in the workplace was recently revisited in Murray v. YouthLink.

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Summary hearings at the HRTO: Is an alternative explanation enough?

May 13, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations, Wages and Compensation

When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.

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Managing risk in not-for-cause employee terminations

April 22, 2014 Marcia Scheffler Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation

My Human Resources college professors used to ask students on a regular basis when it was OK for employers to terminate employees without cause. The answer, in theory, is that the employer can terminate an employee at any time! However…

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Ontario Human Rights Commission releases policy on removing the “Canadian experience” barrier

July 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Corporate Immigration, HR Policies and Procedures, Human Resources, Human Rights, International HR Law, Recruiting and Hiring, Training and Development

On July 15, 2013, the Ontario Human Rights Commission (“OHRC”) released its Policy on Removing the “Canadian Experience” Barrier (the “Policy”) barrier. The purpose of the Policy is to address the fact that new immigrants, with university educations and/or work experience, are denied opportunities for jobs or career advancement because they lack “Canadian Experience” (i.e. Canadian based work experience) and their foreign educational qualification or work experience are not recognized.

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Hiring without hassles: recruiting and retaining the best employees while avoiding legal pitfalls and human rights issues

August 14, 2012 Marcia Scheffler Employment/Labour Standards, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

“I’m the manager, I can hire anyone I want,” is a phrase that Human Resources professionals have heard many times. Employers do have every right to choose the employees that they want, but Human Resources professionals and legal counsel can help guide you through some of the legal and human rights issues regarding your obligations to applicants and throughout the recruitment process.

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Social media presenting new challenges and opportunities for people in HR

September 15, 2010 Andrew Taillon Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

It is becoming more and more common to hear of employers “googling” prospective employees. Where a prospective employee has a significant presence on the Internet through social media, the employer may become privy to a number of facts about the prospective employee that he or she may not have known previously.

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