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Under the Ontario’s Human Rights Code (the Code), an employee cannot be terminated due to a disability. If the Human Rights Tribunal finds that the termination was based in part or in whole on a disability, this may be considered a breach of the Code. (more…)
Is an employer’s request for medical documentation after an employee’s illness in keeping with the Human Rights Code (“Code”)?
The recent case of Thompson v. 1552754 Ontario Inc. 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. (more…)
Where the Human Rights Tribunal of Ontario finds there is a separate proceeding that may involve similar facts, the Tribunal has discretion to defer consideration of an application until the proceeding has been completed. Such was the question, whether or not to defer the application in the recent interim order in West v.Yogen Fruz Canada Inc.
On March 8, 2016, the applicant filed a human rights application alleging discrimination in (more…)
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”.
The respondent alleged that her termination was a result of a restructuring within the applicant’s department. The hearing was held over the course of 3 days.
Prior to the applicant being hired, the applicant had been diagnosed with a chronic medical condition which required frequent time off from work. At the time of her termination, the applicant had worked (more…)
The applicant, Darryl Wesley, worked with the respondent company, 2252466 Ontario Inc. o/a 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…)
“…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…)
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Sambrano Legal Services helps businesses to avoid costly litigation by informing them of their rights and obligations under various legislation. We offer a variety of workshops for small and medium-sized businesses. A energetic leader and public speaker, Kevin’s seminars are lively, engaging and most of all educational. (more…)
The Human Rights Code allows for a person who believes that their rights under the “Code” have been infringed upon to file an application to the Human Rights Tribunal of Ontario. The “Code” states that the application must be made within one year after the incident, or if there were a series of incidents, within one year after the last incident in the series. But what happens when a person files an application outside of the limitation period? (more…)