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public interest remedies

By Kevin Sambrano, Sambrano Legal Services | 4 Minutes Read November 28, 2014

Sexual harassment under the Code: Smith v. The Rover’s Rest

The case of Smith v. The Rover’s Rest, 2013 HRTO 700 is a recent case dealing with sexual harassment and reprisal under the Human Rights Code of Ontario.

At the time of the incidents, the applicant, Debbie Smith was a 39-year-old mother being paid $7.00 per hour as a bartender at the Rover’s Rest in Ajax, Ontario. The applicant worked at the bar between February and September of 2009. On November 8, 2009 Ms. Smith filed an application with the Human Rights Tribunal of Ontario alleging that the individual respondent, the manager and owner of the small business, Bruce Dorman had subjected her to sexual harassment and advances during employment. Further, the application alleged she was terminated when she refused these advances and when the respondent wrongly believed that she was in a relationship with someone else.[1] She further alleged, that after she was terminated, the respondent delivered … Continue reading “Sexual harassment under the Code: Smith v. The Rover’s Rest”

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights, Payroll / Bruce Doman, Deborah Smith, depression, discrimination, employment law, HRCO, hrto, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano, monetary awards, non-monetary remedies, Ontario human rights commission, paralegal, prohibited grounds of discrimination, public interest remedies, reprisal, sexual advancement, sexual harassment, small businesses, Smith v the Rover's Rest, termination, the Code, the Human Rights Code, The Rover's Rest, workplace harassment

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read October 27, 2014

Employers: Are your job ads in keeping with the Code?

When does a job advertisement breach the Ontario Human Rights Code? The same question was asked and answered in Wedley v. Northview Co-operative Homes Inc., 2008 HRTO 13.

When the Complainant, Caroline Wedley, was terminated from her job as a cleaner, she alleged that she was told by management that they were seeking to hire two men. When later she spotted two advertisements in her local paper requesting male applicants, Ms. Wedley filed a human rights application.

In her application Ms. Wedley alleged that she was treated unfairly and was terminated due to her gender. In short, she believed her employers wanted to hire a man for her position. The Respondents, Northview Co-operative Homes Inc. (“Northview”) held that Ms. Wedley was dismissed due to deteriorating job performance and Northview’s increased maintenance needs.[1]

The question before the Tribunal was whether or not Northview had breached the “Code”.

History

… Continue reading “Employers: Are your job ads in keeping with the Code?”

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Employment Standards, Human Rights / Anti-Discrimination Policy and Human Rights Complaints Procedure, Caroline Wedley, employment, employment law, gender discrimination, hiring process, human rights code, Human rights Code Ontario, Job advertisement, job applicant, Kevin Sambano, Ontario Human Rights Tribunal, public interest remedies, recruitment and selection policy, selection process, sex discrimination, termination, Wedley v. Northview Co-operative Homes Inc.

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read September 29, 2014

Remedial powers of the Human Rights Tribunal

Often employers are unaware of the pitfalls of becoming embroiled in a Human Rights application. Employers are sometimes shocked to find that the Tribunal’s powers not only lay in monetary awards, but also in non-monetary, as well as future compliance or public interest remedies. If an employer is found to have breached the Code, below are just some examples of such powers and remedies which the Tribunal may order.

Article by Kevin Sambrano, Sambrano Legal Services / Accessibility Standards, Employee Relations, Employment Standards, Human Rights, Payroll / 2008 HRTO, 2012 HRTO 2218 (CanLII), 2014 HRTO 272 (CanLII), accessibility, back pay, canadian employment law, Davis v. Nordock Inc., De Bousquet Professional Corporation, Disability, disability-related needs, discrimination, duty to accommodate, employment contract, employment law, Garrie v. Janus Joan Inc., Giguere v. Popeye Restaurant, HRCO, hrto, human rights code, monetary award for injury, non-monetary remedies, public interest remedies, reinstatment, termination, terminations, Terri-Lynn Garrie, underpaying the intellectually disabled

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