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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…)

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…)

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…)

OHRC’s Policy on discrimination and language: Arnold v. Stream Global Services

As per the OHRC’s Policy on discrimination and language, although the Human Rights Code (“Code”) does not explicitly identify “language” as a prohibited ground (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…)

Sambrano Legal: “Pregnancy, short-term contracts & the Code” makes Top 10 First Reference Talks posts for 2015!

“Pregnancy, short-term contracts & the Code” makes Top 10 most read First Reference Talks posts published in 2015! Thank you everyone!

Sambrano legal Human Rights

“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…)

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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