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Under section 46.3 (1) of Ontario’s Human Rights Code, an employer may be vicariously liable for the discriminatory acts of their employees. Such was the case in the recent Human Rights Tribunal decision of McCarthy v. Kenny Tan Pharmacy Inc.. [i]
Simply put, an organization is responsible for discrimination that occurs through the acts of its employees or agents, whether or not it had any knowledge of, participation in or control over these actions.[ii][iii] (more…)
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.[i] This was the case in Howell v. United Steelworkers, Local 7135. (more…)
The applicant, Colin Adams who identifies as Black, worked as a machine operator at Knoll North America Corp. (“Knoll”) for 9 years. Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. (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!
Under 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…)
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…)
“…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.” (more…)
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”.
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…)