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Tag Archives: policies and procedures

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…)

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…)

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…)

The duty to accommodate revisited: H.T. v. ES Holdings Inc. o/a Country Herbs

Free stock photos employment law human right paralegalThe duty to accommodate presents itself to employers in many forms. While the most common accommodation involves a disability, often there are other grounds for accommodation that an employer must address as illustrated (more…)

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…)

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