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The duty to accommodate revisited: H.T. v. ES Holdings Inc. o/a Country Herbs

Free stock photos employment law human right paralegalThe duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated (more…)

No reasonable prospect of success: Howell v. United Steelworkers, Local 7135:

sambrano legal human rights paralegal domRule 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.[i] This was the case in Howell v. United Steelworkers, Local 7135. (more…)

Sambrano Legal: “Pregnancy, short-term contracts & the Code” makes Top 10 First Reference Talks posts for 2015!

“Pregnancy, short-term contracts & the Code” makes Top 10 most read First Reference Talks posts published in 2015! Thank you everyone!

Sambrano legal Human Rights

Workplace religious accommodation: A two-part obligation under human rights

scales-159031Under the Human Rights Code (Ontario), the duty to accommodate in the workplace is a two-part obligation. Employers who do not make at least a reasonable effort to comply with this obligation can find themselves having to pay a financial price. This was the reality in Qureshi v. G4S Security Services, 2009.

Facts of the case

The applicant, Muhammad Quersih, a male of Muslim Faith, was being considered for a security guard position. (more…)

“Conduct of the respondent was heavy handed and unjustifiable”

Sambrano Legal Human Rights Employment Law

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.

The applicant, Sabrina Rollick, filed a human rights complaint alleging discrimination based on disability. The respondent did not file a response. A hearing was held in the respondent’s absence. (more…)

Emra v. Impression Bridal Ltd.: The hefty price of ignorance of the “Code”

Discrimination

“…the Code contains a preamble which reflects the kinds of experiences the legislation is directed at remedying. It speaks not just to equality in relation to the law, but also to the values of understanding, mutual respect and dignity and the necessity to ensure that every citizen has the opportunity to contribute fully to the community.”[1] (more…)

Lugonia v. Arista Homes: Pregnancy, short-term contracts and the “Code”

sambranolegalhumanrights

In the summer of 2013 the applicant, Amanda Lugonia, began a new job at the same time she discovered she was starting a new family, the result of which was instant dismissal from her new employer. The respondent denied that the applicant’s pregnancy was a factor in the termination of her employment and in addition denied knowledge of the pregnancy, claiming the reason for her termination was due to lack of “fit”.[1]

The applicant, Ms. Lugonia, was hired to replace a receptionist who was preparing for a one year maternity leave. Ms. Lugonia had undergone two interviews in the early summer of 2013 and had performed quite well. As a matter of fact, her future employers were so impressed with Ms. Lugonia (more…)

What is the Human Rights Tribunal of Ontario?

HRTOsharpThe role of the Human Rights Tribunal of Ontario (HRTO) is to resolve claims of discrimination and harassment brought under the Human Rights Code, R.S.O. 1990,c.19.  The Human Rights Code is the statue or law which the HRTO follows.  The Human Rights Code or the Code is the law that protects all people in Ontario from discrimination and harassment in areas ranging from employment to housing.  (more…)

Landlord’s Responsibility to Repair

repairs1-copy1What are my responsibilities for repair as a landlord?

Having worked with landlords and tenants for years, whether a large complex or small, I find there is a general misunderstanding about maintenance.

“A landlord is responsible for providing and maintaining a residential complex, including the rental units in it, in a good state of repair and fit for habitation and for complying with health, safety, housing and maintenance standards. 2006, c. 17, s. 20 (1).”[1] (more…)

Gym Memberships and the Cooling-off Period

All personal development contracts include a 10 Day Cancellation Rule

What are personal development services? Within the province of Ontario, personal development services include services provided for health, fitness, or diet.  They also include things such asparalegalgym modelling and talent, photo shoots, and even services like martial arts memberships, sports and dance activities.

Consumers have a legal right to cancel a personal development contract within 10 days regardless of their reason.  This is known as the “Cancellation Cooling-off Period” provision as per the Consumer Protection Act (2002 S.O. 2002, C 30 Schedule A).

For example (more…)

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