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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…)

Disability and termination under the Human Rights Code

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…)

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…)

Medical documentation request after employee illness

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…)

Summary hearings and the burden of proof at the HRTO

Gavel and book.

Gavel and book.

For an application to be fully processed at the Human Rights Tribunal of Ontario, the applicant must establish a nexus or “connection” between the protected ground they are alleging and the conduct of the respondent. This was reiterated in the recent summary hearing of Wasty v. Lone Wolf Real Estate Technologies. (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…)

Can an employee “sign away” their human rights?: Brown v. Prime Communications Canada Inc.

employment-law-toronto-sambrano-sThe question became relevant in the recent case of Brown v. Prime Communications Canada Inc. After signing a release with her employer, the Applicant, Stephanie Brown filed an application with the Human Rights Tribunal of Ontario alleging discrimination with respect to employment because of sex contrary to the Human Rights Code. [i] (more…)

To defer or not to defer a human rights application: What are the relevant questions?

Sambrano Legal Services employment law human rights cropWhere 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.

Background

On March 8, 2016, the applicant filed a human rights application alleging discrimination in (more…)

Summary hearings at the HRTO: Is an alternative explanation enough?

human rights toronto kevin sambrano legal services

When a respondent is first made aware that a Human Rights application has been filed against them, often their first response is to deny any accusations and to request a summary hearing in hopes of disposing of the matter at the outset. While such hearings may be requested, it does not always work to the advantage of the respondent. Such was the case in the recent Interim Decision of Lomotey v. Kitchener Waterloo Multicultural Centre.

Pursuant to Rule 19A of the Tribunal’s Rules of Procedure, a summary hearing is (more…)

Human Rights Legal Education Workshop

seminar header orange copyCLICK PHOTO TO VIEW PRESENTATION
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…)

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