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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…)

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…)

No reasonable prospect of success: Howell v. United Steelworkers, Local 7135:

sambrano legal human rights paralegal domRule 19A of the Ontario Human Rights Tribunal’s Rules of Procedure, allow the Tribunal to hold a summary hearing to determine whether the Application should be dismissed in whole or in part on the basis that there is no reasonable prospect that the Application or part of the Application will succeed.[i] This was the case in Howell v. United Steelworkers, Local 7135. (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…)

“Conduct of the respondent was heavy handed and unjustifiable”

Sambrano Legal Human Rights Employment Law

The recent Human Rights decision of Rollick v. 1526597 Ontario Inc. o/a Tim Horton’s Store No. 2533, addresses what the Tribunal characterized as “heavy handed and unjustifiable” conduct on the part of the employer, when dealing with an employee with a disability.

The applicant, Sabrina Rollick, filed a human rights complaint alleging discrimination based on disability. The respondent did not file a response. A hearing was held in the respondent’s absence. (more…)

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