reinstatement
October 22, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
The previous article citing Tomlinson v. Runnymede Healthcare Centre discussed interim orders at the Human Rights Tribunal of Ontario. Of note is the rarity of a decision that institutes compliance on the part of the respondent prior to the conclusion of the matter. In such a request, the burden of proof is placed squarely upon the applicant, as in Codrin v. Commissionaires Great Lakes.
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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.
accommodation on the ground of disability, back pay, damage awards, discrimination, discrimination based on disability, employment law, injury to dignity, poisoned work environment, reinstatement, sexual harassment in the workplace, termination, toxic work environment
November 23, 2017 De Bousquet PC Barristers and Solicitors Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Wages and Compensation
Reinstatement is the practice of re-installing an employee to his/her position as it existed prior to termination, or to the fullest extent possible, which may include the preservation of their pre-existing seniority, pension and other benefits.
accommodation, applicant’s disability, common law, discrimination, duty to accommodate, employment law, human rights code, Human Rights Tribunal of Ontario, monetary compensation, probationary period, reinstatement, reinstatement of employment, termination, undue hardship, wrongful dismissal
June 13, 2017 Doug MacLeod, MacLeod Law Firm Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which means an employer must prove it did not violate OHSA. After a brief summary of the remedies that are available to employees under section 50 of OHSA, this blog discusses three recent cases.
aggravated damages, damages, disciplining an employee, employment law, health and safety complaints, lost wages, occupational health and safety act, OHSA, reinstatement, termination, workplace harassment, wrongful dismissal, wrongful dismissal damages
June 7, 2016 Doug MacLeod, MacLeod Law Firm Accessibility Standards, Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Penalties and Fines, Standard for Employment, Wages and Compensation
I predict a recent Ontario Court of Appeal decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back pay.
back pay, back pay award, disabled employee, duty to accommodate, employee with a disability, employment law, employment relationship, human rights litigation, Ontario Court of Appeal, Ontario Human Rights Code, Ontario Human Rights Tribunal, reinstatement, Reinstatement as a remedy, undue hardship
June 5, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting
Three popular articles this week on HRinfodesk deal with enhancing compassionate care (EI) benefits; consequences of not reinstating an employee to pre-leave position; and, British Columbia’s significant changes to the Workers Compensation Amendment Act.
compassionate care benefits, Compassionate Care EI benefits, constructive dismissal, discrimination, EI benefits, Employment Insurance, employment law, maternity leave, reinstatement, taking care of sick family members, termination, terminations, Workers Compensation Act, workplace health and safety
June 3, 2015 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
The Ontario Superior Court of Justice, Small Claims Court recently concluded that, when an employee returned from maternity leave and was not reinstated to her original position with the same hours and salary, this constituted constructive dismissal and discrimination on the grounds of sex and family status.
constructive dismissal, discrimination, discrimination on the grounds of family status, discrimination on the grounds of sex, employment agreement, employment law, limit the amount of termination noti, maternity leave, pregnancy leave, reinstatement, reprisal, small claims court
February 3, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Privacy and Security, Union Relations, Wages and Compensation
When used properly, social media can be a powerful tool for connecting individuals, marketing businesses and mobilizing the masses behind a cause. However, many organizations have learned the hard way that inappropriate social media use by employees can have a detrimental effect on an organization’s reputation.
arbitrator, detrimental effect on an organization’s reputation, discipline or discharge, employee conduct, employment law, grievor’s behaviour renders the employee unable to perform his duties satisfactorily, Human Rights Policy or Code, inappropriate social media use by employees, reinstatement, serious breach of the Criminal Code, social media, social media policy, Terminated for tweeting, termination
January 8, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Training and Development, Wages and Compensation
Three popular articles this week on HRinfodesk deal with accommodation on the ground of disability and new HRPA professional designations.
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November 10, 2014 Alison J. Bird Employee Relations, Employment/Labour Standards, Human Resources
In Nova Scotia, employees with ten years of service are provided with special protections under the Labour Standards Code. Section 71 of the Code provides that, subject to certain exceptions, an employer can only dismiss an employee with ten years of service or more for just cause. This is called the tenured employee rule.
Director of Labour Standards, dismissing an employee, employment law, Employment release, just cause, Labour Standards complaint, Nova Scotia Labour Standards Code, pay in lieu of notice, reinstatement, release, tenured employee rule, termination, termination notice
November 4, 2014 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations
Last year, we reported on the notable Human Rights Tribunal decision of Fair v. Hamilton-Wentworth District School Board where the Tribunal ordered the reinstatement, along with over $400,000 in back pay and damages, to an employee despite the employee having been away from the workplace for almost a decade.
back pay and damages, disability leave, discrimination, duty to accommodate, employment law, failed to properly accommodate an employee, Fair v. Hamilton-Wentworth District School Board, human rights tribunal, judicial review, monetary award uncharacteristically high, reinstatement, Reinstatement as a remedy, termination, to the point of undue hardship
July 15, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Union Relations
Vice-Chair Ian Anderson of the Ontario Labour Relations Board recently ruled in Canadian Union of Skilled Workers v. Hydro One Inc., 2014 CanLII 15069, a construction industry grievance that the employee’s use of profanity during a telephone call with his manager did not constitute conduct sufficient to justify a dismissal for cause.
Canadian Union of Skilled Workers v. Hydro One Inc., construction industry grievance, disciplinary record, discipline, dismissal for cause, employee’s use of profanity, employment law, grievance, Labour Law, management, medical leave from the workplace, Ontario Labour Relations Board, parental leave, profane language, proper disciplinary penalty, reinstatement, suspension, termination, termination for cause, terminations, threats against their managers or coworkers, union
May 30, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with a reinstatement that was ruled an undue hardship for the employer, how a series of health and safety violations can be just cause for termination and how an employee on maternity leave was justly terminated due to a corporate downsizing.
addictions, corporate downsizing, employment law, firing the long-term employee, Health and safety violations, HRinfodesk, just cause for termination, Labour Law, maternity leave, reinstatement, safety incidents, termination, terminations, undue hardship, warnings, wrongful dismissal
April 18, 2013 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation
The three most viewed articles on HRinfodesk this week deal with how a probation period is an opportunity to demonstrate skills, an employer’s failure to prevent workplace harassment. and a Human Rights Tribunal decision to reinstate a terminated employee after the employer failed to accommodate.
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April 16, 2013 Simon Heath, BA, MIR, LLB, Heath Law Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Wages and Compensation
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to the workplace after an extended absence.
breach of the Code, comparable job, damages for injury to dignity, depression, duty to accommodate, employee was to be reinstated into a suitable position, employee’s need for accommodation, employment law, extended absence, feelings, Human rights complaint, leave of absence, long-term disability benefits, lost wages, LTD, medical evidence, medical information, not open to accommodating the Applicant, occupational health and safety act, Ontario Human Rights Tribunal, Ontario Teachers Insurance Plan, OSHA, personal liability, post-traumatic stress disorder, pre-injury position, reinstatement, return an employee to the workplace after an extended absence, Return to work, school board, self-respect, total wage loss
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
