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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…)

Res judicata revisited at HRTO and OLRB

The legal doctrine of res judicata can cause an Application at the Human Rights Tribunal to be dismissed. This was the case in Chen v. Harris Rebar. (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…)

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…)

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…)

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