Workplace discrimination

How an external investigation actually saved money for an employer

November 6, 2019 Rubin Thomlinson LLP Employee Relations, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Training and Development, 0

A recent Human Rights Tribunal decision demonstrates that the short-term financial costs of an external investigation might also be balanced out by long-term financial savings.

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The Supreme Court of Canada interprets workplace discrimination broadly

April 4, 2018 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Human Resources, Human Rights

In British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62, the Supreme Court of Canada considered the scope of section 13(1) of BC’s Human Rights Code, which concerns discrimination “regarding employment or any term or condition of employment.”

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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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Employee unable to show dismissal was discriminatory

August 29, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Training and Development

The British Columbia Human Rights Tribunal recently denied an employee’s complaint alleging that his employer discriminated against him on the basis of a physical disability. The Tribunal denied the employee’s complaint because there was no link between the employee’s alleged chronic pain and his use of marijuana.

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Three popular articles this week on HRinfodesk

June 9, 2016 Cristina Lavecchia Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Penalties and Fines, Recruiting and Hiring

The three popular articles this week on HRinfodesk deal with:An Ontario human rights case where an employee’s dismissal by her employer for having lied about when she found out about her pregnancy was ruled to be non-discriminatory; a decision that clarifies that the duty to mitigate does not apply when an employer terminates a fixed-term employment contract before its end date; and an FAQ that looks at an employee who is looking for accommodation to care for their child because they cannot afford daycare.

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Most-viewed articles this week on HRinfodesk

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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Human rights and history

February 8, 2011 Andrew Lawson Health and Safety, Human Resources, Human Rights

During my training workshops on workplace discrimination, harassment and violence participants often express interest in the topic of “political correctness.”

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Women in the workplace Part II: why is Canada lagging in wage gap ranking?

October 15, 2010 Christina Catenacci Employment/Labour Standards, Human Resources, Human Rights, Payroll, Wages and Compensation

I have been reading some interesting articles recently regarding women in the workplace. A recent report put Canada at number 20 in a global measure of equality between men and women. Canada was actually rated number 33 in the world concerning earned income gaps. Why is this still happening?

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Social media presenting new challenges and opportunities for people in HR

September 15, 2010 Andrew Taillon Human Resources, Human Rights, Privacy and Security, Recruiting and Hiring

It is becoming more and more common to hear of employers “googling” prospective employees. Where a prospective employee has a significant presence on the Internet through social media, the employer may become privy to a number of facts about the prospective employee that he or she may not have known previously.

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