the Code
July 20, 2018 Kevin Sambrano, Sambrano Legal Services Human Resources, Human Rights
Although the Tribunal does have the power to issue orders in regard to compliance, it is rare that they are granted, based on a very specific criteria that must be met. One should review each guideline carefully before requesting such an order in the interest of time, money, and adding to the complexity of the matter.
Ainmelk v. Jeoffrey, employment law, harassment discrimination, human rights code, Human Rights Tribunal of Ontario, interim decisions, interim remedies, Kevin Sambrano, Rule 23.2, the Code, Tomlinson v. Runnymede Healthcare Centre, Toronto human rights paralegal
May 22, 2018 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
An employer named in a Human Rights Tribunal of Ontario Application, if decided against, may be responsible for both wage loss and most likely general damages.
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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.
2 C.H.R.R. D/487, 2005 HRTO 53, 2011 HRTO 1724, applicant’s injury to dignity, Browning v. Northend Body Shop Ltd.2017 HRTO 1001, co-op students, discrimination, employer vicarious liablility, employment law, Faryna v. Chorny, feelings and self-respect, Hartling v. Timmins Board of Police Commissioners (1981), hrto, human rights applications, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano, Ontario Human Rights Code, Sanford v. Koop, sex, the Code, vicariously liability, Whale v. Keele North Recycling
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.
discrimination, discrimination in services, employment law, expedited hearings, Fish v. national Steel Car Litd., harrassment, hrto, human rights applications, human rights code, Human Rights Tribunal of Ontario, interim decison, interim decisons, Kevin Sambrano, procedural fairness, reprisal, Request to Expedite, Rule 21, Rules of Procedure, the Code, Toronto Paralegal
October 27, 2017 Kevin Sambrano, Sambrano Legal Services Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights
The Tribunal does not have the general power to deal with allegations of unfairness, as the Tribunal’s jurisdiction is exclusive to issues of human rights and discrimination. In order for an application to be successful, the applicant must establish a connection between one or more of the protected grounds and behaviour on the part of the respondent.
adjudication, Dabic v. Windsor Police Service, discrimination, dismissed application, employment, employment law, fairness, human rights code, Human Rights Tribunal of Ontario, Kevin Sambrano paralegal Toronto, reasonable prospect, Summary Hearings, the Code, Tribunal, Wilson v. J Sterling Industries
August 30, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights
The Code protects employees from discrimination based on various protected grounds. One of the more difficult of these may be pregnancy, as often the question becomes not whether or not the applicant was pregnant, but rather when the employer became aware of the pregnancy, and whether or not the pregnancy was a factor in the employee’s termination.
discrimination based on pregnancy, duty to accommodate, fairness, hrto, Kevin Sambrano human rights paralegal, pregnancy, Probation period, Sloan v. Just Energy Corporation, termination, the Code, wrongful dismissal
July 26, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Wages and Compensation
The Ontario Human Rights Code is extensive in its efforts to protect persons within Ontario, and may apply to minors in the workforce. Regardless of the age of the employee, chances are they are covered by the “Code,” and their rights may be enforced if not by the employee, then by a litigation guardian. Age as well as the other protected grounds, is not an excuse or invitation for abuse.
ancestry and racial harassment, discriminatory treatment, employment law, ethnic origins, human rights code, injury to dignity, Kevin Sambrano, Litigation guardian, poisoned work environment, race, sexual harassment, the Code
May 24, 2017 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights
Brooks v. Total Credit Recovery Limited, a decision from the Human Rights Tribunal of Ontario examined words, their etymology, and their impact in the workplace.
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July 27, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights
The question of “can an employee “sign away” their human rights?” became relevant in a recent case. After signing a release with her employer, the Applicant filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code.
Better Beef Ltd. v. Maclean, Brown v. Prime Communications, coercion of will, discrimination based on sex, discrimination in employment, duress, employment relationship, employment standards, employment standards act, full and final employment releases, HR issues, Human Rights code of Ontario, Human Rights Tribunal of Ontario, Kevin Sambrano, maternity leave, notice period, pregnancy, termination, the Code, Tribunal’s Rules of Procedure
January 28, 2016 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
The seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving.
caregiving, Country Style Donut, discrimination, discrimination based on family status, discrimination on the grounds of sex and family status, duty to accommodate, employment law, family status, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human rights paralegal, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, lost income, marital status, monetary awards, Ontario Human Rights Tribunal, paralegal, policies and procedures, policy of progressive discipline, prohibited grounds of discrimination, Sambrano Legal Services, sick leave, termination, the Code, the Human Rights Code
October 28, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Union Relations
Rule 19A of the Ontario Human Rights Tribunal’s Rules of Procedure, allow the Tribunal to hold a summary hearing to determine whether the Application should be dismissed in whole or in part on the basis that there is no reasonable prospect that the Application or part of the Application will succeed. This was the case in Howell v. United Steelworkers, Local 7135.
colour, Dabic v. Windsor Police Service, discrimination, employment law, Forde v. Elementary Teachers’ Federation of Ontario, Howell v. United Steelworkers, hrto, human rights code, Kevin Sambrano human rights Toronto, race and colour, Racsim, Resonable prospect of success, Rule 19A of the Tribunal’s Rules of Procedure, Sambrano Legal, Summary Hearings, the Code, Tribunal, union, vocational association
September 29, 2015 Kevin Sambrano, Sambrano Legal Services Accessibility Standards, Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Integrated Accessibility Regulation, Notice, Damages and Settlements, Payroll, Standard for Employment, Wages and Compensation
The applicant, Michele Macan, filed a human rights application alleging discrimination with respect to employment due to disability. The respondent, Stongco Limited Partnership, rejected the allegations, instead submitting that the applicant’s disability was “not a reason, a factor, or even considered in its decision to terminate the applicant”.[1] The respondent alleged that her termination was […]
Disability, discrimination, Dismissal, duty to accommodate, duty to accommodate an employee with a disability, employment law, Failure to accommodate, HR Law, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, Macon v. Strongco, Michele Macan, monetary awards, Ontario Human Rights Tribunal, paralegal, prohibited grounds of discrimination, Sambrano Legal Services, Strongco Limited Partnership, termination, the Code, the Human Rights Code, undue hardship
August 26, 2015 Kevin Sambrano, Sambrano Legal Services Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll
While more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this can be done.
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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.
G.G. v. […] Ontario Limited, harassment, Human right paralegal toronto, human rights remedies, injury to dignity, injury to feelings and self-respect, Kevin Sambrano human Rights, lost income, monetary awards, Ontario Human Rights Tribunal, prohibited grounds of discrimination, Sambrano Legal Services, sex, sexual harassment, sexual harassment in the workplace, sexual solicitation, termination, the Code, the Human Rights Code, Tribunal remedies
April 9, 2015 Kevin Sambrano, Sambrano Legal Services HR Analytics, HR Policies and Procedures, Human Rights, Training and Development
The recent Human Rights decision of Rollick v. 1526597 Ontario Inc. o/a Tim Horton’s Store No. 2533, addresses what the Tribunal characterized as “heavy handed and unjustifiable” conduct on the part of the employer, when dealing with an employee with a disability.
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My employer denied me the right to have a support person present at a meeting with HR regarding an investigation into workplace bullying and psychological... – Feb 02, 2:14 PM
Which is more practical, absolutely no office romance policy or allowed but need to disclose? IMO, the need to disclose, while accommodating, complexity and unnecessary... – Dec 15, 1:39 PM
