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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…)
Generally speaking, res judicata (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…)
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 recent human rights decision of Morgan v. Herman Miller Canada Inc. examines the issue of employer liability under the Human Rights Code of Ontario. What happens when there are allegations of discrimination but no findings?
The applicant, Aldeen Morgan, worked as an installation scheduler with the corporate respondent, Herman Miller Canada Inc. (Herman Miller). After Mr. Morgan’s employment was terminated, he filed a human rights application (more…)