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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…)
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…)
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…)
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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…)
Requests for accommodation due to family status are becoming more common as societal norms continue to change. The leading case in Ontario that addresses the worker’s rights and the employer’s obligations on the ground of family status is arguably Devaney v. ZRV Holdings Limited, 2012 HRTO 1590. The case confirms that an employer’s failure to reasonably accommodate an employee’s family caregiving responsibilities may result in a breach of the Human Rights Code (“Code”), and that family status has now been interpreted to include elder care. (more…)
Constructive or adverse discrimination in employment occurs when rules or standards are established that do not discriminate at first glance, but have an adverse effect on persons whose rights are protected under human rights legislation. In such a case, the burden shifts to the employer to establish that such rules or standards are essential to the job, also known as bona fide occupational requirements (BFOR’s). British Columbia (Public Service Employee Relations Commission) v. BCGSEU is the leading case which addresses this issue. This seminal human rights case from the Supreme Court of Canada established a three-part test which has become the standard to evaluate constructive discrimination. (more…)