sex

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.

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HRTO confirms co-op student’s right to pursue interests

April 23, 2018 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Uncategorized

Co-op students may be covered by the “Code”, and should be afforded the same inalienable rights as all other employees during a potential interview or co-op placement.

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Human Rights Tribunal finds miscarriage constitutes disability

April 27, 2016 Devry Smith Frank LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

A recent interim decision of the Ontario Human Rights Tribunal addressed whether a miscarriage could constitute a disability for the purposes of human rights legislation.

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The Human Rights Code and Res Judicata: G.G. v. […] Ontario Limited

July 29, 2015 Kevin Sambrano, Sambrano Legal Services HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring

Generally speaking, res judicata (Latin for “a thing adjudicated”) is the legal doctrine which prevents the same matter from being tried a second time once there has been a verdict or decision in regard to that matter. Under Ontario’s Human Rights Code, a criminal matter being decided in regard to a matter that contains a breach of the Human Rights Code does not necessarily prevent an applicant from filing at the Human Rights Tribunal of Ontario. This was the case in G.G. v. […] Ontario Limited.

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Poisoned work environment, discrimination, and undue hardship under the “Code”

June 22, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Training and Development

A recent Ontario Human Rights case further underscores the employer’s ongoing duty to accommodate to the point of undue hardship, and that Code based harassment or discrimination constitutes a breach under the Human Rights Code of Ontario.

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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.

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Human Rights Tribunal barred from hearing application: no forum-shopping allowed

February 3, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Human Rights

The Ontario Human Rights Tribunal recently examined an application before it and an earlier statement of claim made in court by the same person, and concluded that the claims were virtually identical. They were based on the same facts, made the same allegations and sought similar remedies…

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Women in the workplace Part I: are women preventing themselves from achieving power in the workplace?

October 1, 2010 Christina Catenacci Human Resources, Human Rights

The other day, I read an interesting article regarding an interview with the author of No Excuses: 9 Ways Women Can Change How We Think About Power. The author argues that it is actually women themselves who are preventing the achievement of female power in the workplace.

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Breastfeeding at work

August 4, 2010 Yosie Saint-Cyr, LL.B. Managing Editor Human Resources, Human Rights

Across Canada, human rights legislation protects people from discrimination and harassment based on sex/gender; this protection includes pregnancy and breastfeeding. It is illegal to discriminate because a woman is pregnant. It is also illegal to discriminate because a woman was pregnant, had a baby or might become pregnant.

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