reprisal

Interim remedies at the HRTO revisited following termination

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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No reason given for refusal of HRTO request to expedite, no reasons required

February 26, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, Human Resources, Human Rights

In this matter, the Request to Expedite was dismissed through a letter from the Registrar. In the interim decision, the Tribunal further explained that in matters dealing with process, there are no grounds for reconsideration, as only final orders may be reconsidered.

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Vexatious litigants and abuse of process at Tribunal

April 26, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights

The Human Rights Tribunal of Ontario has the authority to govern its own proceedings. Within this authority is the power to declare any applicant a vexatious litigant and to identity any abuse of process, either of which may result in the dismissal of an Application. The recent interim decision addresses both of these issues.

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Three popular articles this week on HRinfodesk

April 13, 2017 Cristina Lavecchia 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, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: Budget 2017’s proposed changes to maternity and parental leave; Bill 168 and compliance regarding violence provisions under OHSA; and employee sexual harassment and reprisal.

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Employee did not have right to delay work refusal investigation

January 5, 2017 Cristina Lavecchia Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Union Relations

The Ontario Labour Relations Board recently dismissed an application where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work. Why? The employee did not have the right to delay the employer’s investigation of her work refusal, to wait until her preferred union representative completed a personal matter and attended at the workplace.

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Three popular articles this week on HRinfodesk

December 22, 2016 Cristina Lavecchia Corporate Immigration, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Privacy and Security, Recruiting and Hiring, Union Relations

The three popular articles this week on HRinfodesk deal with: a case where an employee claimed that her employer threatened her with discipline for exercising her right to refuse unsafe work; an FAQ that addresses employee privacy; and changes to the express entry program which came into force on November 10, 2016.

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Discrimination and a decision on remedies

December 20, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Union Relations

In an application filed under the Human Rights Code of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant, Ms. Kohli, had filed an application alleging discrimination in employment on the basis of sex.

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Three popular articles this week on HRinfodesk

December 15, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation

The three popular articles this week on HRinfodesk deal with: An employee who was told to quit if she felt unsafe; current and 2017 payroll rates; and the introduction of a new Bill to cover physical size and weight in human rights legislation.

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Termination deemed reprisal for refusing unsafe work

December 14, 2016 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Union Relations, Wages and Compensation

In the recent decision Podobnik v. Society of St. Vincent de Paul Stores (Ottawa) Inc., the Ontario Labour Relations Board (OLRB) held that the Employer had reprised against the Employee when it terminated her employment after she had exercised her rights under the Occupational Health and Safety Act (OHSA) to refuse unsafe work. The OLRB did not agree that the termination was the result of an legitimate organizational restructuring. Rather, it held that the Employee’s termination was motivated “at least in part” as a reprisal against her for exercising her rights under the OHSA in the weeks preceding her termination.

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Medical documentation request after employee illness

November 23, 2016 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights

Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)? The following case examines whether or not it is a breach of the Code for an employer to request medical documentation as a condition of returning an employee to work.

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Three popular articles this week on HRinfodesk

April 21, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines

Three popular articles this week on HRinfodesk deal with: A case where an employee filed an Application alleging that he was subjected to differential treatment on the basis of Human Rights Code grounds ; a case where an employer was able to rely on a termination provision to justify the payment made to the employee when he was terminated without cause; and Ontario’s new legislation addressing sexual harassment (Bill 132).

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Not reinstating employee to pre-leave position may constitute constructive dismissal

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.

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

November 28, 2014 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll

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 […]

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Ontario Human Rights Tribunal decision offers clarity on workplace sexual harassment

November 21, 2014 Simon Heath, BA, MIR, LLB, Heath Law Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation

With the allegations against CBC Radio personality Jian Ghomeshi dominating the news over the past several weeks, it is useful to examine how the Ontario Human Rights Tribunal addressed allegations of workplace sexual harassment in the recent case of Horner v. Peelle Company Ltd. (2014) HRTO 1211.

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Three popular articles this week on HRinfodesk

June 19, 2014 Yosie Saint-Cyr, LL.B. Managing Editor Accessibility Standards, Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Source Deductions and Reporting, Standard for Employment, Union Relations, Wages and Compensation

Three popular articles this week on HRinfodesk deal with limits on workplace mental stress claims; employee refusal to work on Sunday; and how an employee’s profanity towards a supervisor was not cause for termination.

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