record of offences

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.

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

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

May 4, 2017 Jeff Dutton, Dutton Employment Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation

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.

criminal charge, criminal offence, discrimination in employment, employment law, just cause, Merritt v Tigercat Industries, record of offences, sexual assault

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

October 17, 2013 Adam Gorley Employee Relations, Employment/Labour Standards, HR Analytics, HR Policies and Procedures, HRMS, Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

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?”

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

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.

age, ancestry, ased on race, Canadian Human Rights Act, Citizenship, colour, creed, discrimination, discrimination in employment, discrimination with respect to employment, employment law, employment relationship, ethnic origin, family status, federally regulated employers, gender expression, gender identity, H.R. Departments, hiring process, human rights code, human rights legislation, human rights tribunals, interview process, interview prospective employees, interviewer, job interview, marital status, or disability, place of origin, position being advertised, record of offences, searching for and hiring employees, sex, sexual orientation