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record of offences

By Kevin Sambrano, Sambrano Legal Services | 3 Minutes Read September 10, 2018

Lack of evidence works against employer at the HRTO

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.

Article by Kevin Sambrano, Sambrano Legal Services / Employee Relations, Human Rights / age, ancestry, burden of proof, Citizenship, Code, code-breach, colour, creed, Disability, discrimination, duty to accommodate, employment law, employment law hrto, ethnic origin, evidence, family status, gender expression, gender identity, human rights code, human rights paralegal, Human Rights Tribunal of Ontario, interim orders, Kevin Sambrano, marital status, maternity leave, obligation under the Code, Ontario Human Rights Tribunal, place of origin, pregnancy, prima facie, Puniani v. Rakesh Majithia, race, record of offences, Sambrano Legal Services, sex, sexual orientation

By Jeff Dutton, Dutton Employment Law | 2 Minutes Read May 4, 2017

Can an employer terminate an employee for just cause if they were charged with a criminal offense?

The laying of a criminal charge alone does not constitute just cause (i.e. dismissal without notice) in every instance. In order to summarily dismiss an employee for being charged with a criminal offense, the employer must show that there is some connection between the charge and the employer.

Article by Jeff Dutton, Dutton Employment Law / Employee Relations, Employment Standards, Human Rights, Payroll / criminal charge, criminal offence, discrimination in employment, employment law, just cause, Merritt v Tigercat Industries, record of offences, sexual assault

By Adam Gorley | 8 Minutes Read October 17, 2013

HRinfodesk poll result and commentary: Do you conduct criminal record checks? Should you?

Criminal record checks are often in the news, and the federal government was part of that news with recent changes to pardons (now called “record suspensions”) and a program that encourages employers to hire offenders. So we thought it would be a good time to ask our readers, “Does your organization conduct criminal record checks on potential candidates?”

Article by Adam Gorley / Employee Relations, Employment Standards, Human Rights, Privacy / canadian employment law, characteristic protected from discrimination, criminal background checks, Criminal Record Checks, criminal records, discrimination, employment law, Fingerprint-based criminal record verifications, hire offenders, hiring decisions, HR Law, HRinfodesk, human rights act, human rights code, job candidate, Name-based criminal record verifications, pardons, Police information checks, police record checks, potential candidates, prohibited grounds of discrimination, record checks, record of offences, record suspensions, violations of human rights and privacy legislation, working with vulnerable persons

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