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Family status: The employee’s obligation under “the Code”

The recent decision of Misetich v. Value Village Stores Inc. reaffirms that family status accommodation under the Human Rights Code (“the Code”) is a joint obligation, involving both the employee and employer. (more…)

Discrimination and a decision on remedies

In an application filed under the Human Rights Code (Code) of Ontario, once the matter has been heard, and the Tribunal has found the respondent to be liable, the next stage is that of remedy. Monetary and non–monetary damages may be awarded as was the case in Kohli v. International Clothiers, where the applicant,  (more…)

Does the Tribunal have the power to deal with allegations of “unfairness” at work?

employement-law-toronto-kevin-sambranoWhether or not the Human Rights Tribunal of Ontario has the power to deal with general allegations of unfairness in the workplace was recently revisited in Murray v. YouthLink.

The matter

On September 25, 2014 the applicant filed an application with the Human Rights Tribunal of Ontario (more…)

Non-disclosure clauses in human rights settlements: Understand them before you sign on the dotted line

filler-1101493At the Human Rights Tribunal of Ontario (the “Tribunal”), a settlement is sometimes reached without having to resort to a hearing. If so, parties will sign a “Minutes of Settlement” agreement, which will almost always contain a non-disclosure clause outlining what can be said, if anything, in regard to the settlement. In the event that a party breaches the non-disclosure agreement, they may find themselves returning to the Tribunal sooner than expected. (more…)

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

Toronto Paralegal Generally speaking, res judicata[1] (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. (more…)

Poisoned work environment, discrimination, and undue hardship under the Ontario Human Rights Code

The applicant, Darryl Wesley, worked with the respondent company, 2252466 Ontario Inc. o/law-753482_640a The Ground Guys, performing landscape work for a period of approximately six weeks before being terminated. At the time, the employer indicated that Mr. Wesley was being laid off due to lack of work. Mr. Wesley, a gay Aboriginal man, who is also deaf, believed that he had been discriminated against and filed a human rights application. The respondents denied the allegation of harassment and discrimination.

On January 3, 2014, a hearing was conducted by teleconference without the participation of the respondents. As the respondents had elected not to participate and give evidence, the applicant’s evidence was uncontradicted. (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…)

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