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Maciel vs. Fashion Coiffures: pregnancy and employer’s continued obligation under the “Code”

Human Rights Employment Law Sambrano

The applicant, Jessica Maciel, was just over four months pregnant when she applied for, and was hired as a receptionist by the respondents, Fashion Coiffures Ltd. and Crystal Coiffures Ltd.. (more…)

Sex based discrimination and poisoned work environment

Sambrano Human rightsDoes an employee have to be “sexually” harassed in order for there to be a breach of the Human Rights Code (“Code”)? This issue was determined in Hill v. Intersteam Technologies Inc., a recent decision from the Human Rights Tribunal of Ontario.

Background

The applicant, Kelly Hill, worked in a small workplace. She was employed with the corporate respondent, Intersteam Technologies Inc., for only a short period of time from May of 2013 until November 2013. (more…)

Family status under the Code: Recent developments

Sambrano Human rights marital statusThe seminal cases dealing with discrimination based on family status more often than not address the issue of caregiving. See: Family status: Recent interpretation under the Human Rights Code. See: Employee not discriminated against as breastfeeding a “choice”- Federal Court of Appeal Decision. In the recent case, Knox-Heldmann v. 1818224 Ontario Limited o/a Country Style Donut, the Tribunal demonstrates that discrimination based on family status is not restricted to caregiving. (more…)

The cost of racial stereotyping: Adams v. Knoll North America

Human Rights Sambrano LegalThe applicant, Colin Adams who identifies as Black, worked as a machine operator at Knoll North America Corp. (“Knoll”) for 9 years. Following a verbal altercation with his supervisor, the applicant was terminated after he refused to partake in an anger management program as a requirement of his continued employment. (more…)

No “give and take” required by employee in accommodation under the Human Rights Code

Toronto human rights advocate human rightsThe 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”.[1]

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.

Background

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…)

Respondents challenge $100,000.00 human rights decision

Toronto Paralegal human Rights SambranoWhile more often than not the Human Rights Tribunal of Ontario’s decisions are not challenged, there are two processes by which this may be done. The first is called a request for reconsideration. The second is an application for judicial review. The latter was the case in Big Inc. v. Islam, 2015 ONSC 2921. (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…)

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