Employer failed in duty to accommodate by not considering employment beyond...
Send to KindleIn Fair and Hamilton-Wentworth District School Board (decision found here), the Ontario Human Rights Tribunal (“Tribunal”) provides a useful guide for employers to follow in determining...
View ArticleArbitrator orders highest damage award in history against the Ontario...
Send to KindleArbitrator Deborah Leighton has made history in her recent decision on remedy in OPSEU (Ranger) v. Ontario (Ministry of Corrections) 2013 CanLii 50479, which was released this past July...
View ArticleThe gloves come off: Sky high damages in human rights cases
Human Rights Tribunals across the country have been issuing damage awards which have raised the eyebrows of the employer community. In a number of recent cases, employees have been awarded record...
View ArticleIs an employer’s duty to accommodate becoming too much?
Image: news.nationalpost.com After a recent Federal Court of Appeal ruling, employers are now faced with the responsibility of accommodating employee requests relating to childcare – providing it does...
View ArticleOntario Human Rights Tribunal decision offers clarity on workplace sexual...
With the allegations against CBC Radio personality Jian Ghomeshi dominating the news over the past several weeks, it is useful to examine how the Ontario Human Rights Tribunal addressed allegations of...
View ArticleHRTO concludes teenage Mennonites discriminated against when fired for...
Image: www2.qsrmagazine.comA small vegetable and herb business in Ontario recently ran afoul of the Ontario Human Rights Code (“Code”) because it blindly adhered to its attendance policy and failed to...
View ArticleOHSA in wonderland: Through the looking glass
Section 50 of the Ontario Occupational Health and Safety Act (“OHSA”) prohibits an employer from disciplining an employee who has sought enforcement of this law. Guilty until proven innocent If an...
View ArticleMust you include bonuses when calculating lost wages?
An employee who has been dismissed without cause is entitled to damages based on the income that individual would have earned during a period of reasonable notice. “Reasonable notice” will differ from...
View ArticleEmployer failed in duty to accommodate by not considering employment beyond...
In the recent decision Fair and Hamilton-Wentworth District School Board, the Ontario Human Rights Tribunal provides a useful guide for employers to follow in determining how to return an employee to...
View ArticleArbitrator orders highest damage award in history against the Ontario...
Arbitrator Deborah Leighton has made history in her recent decision on remedy in OPSEU (Ranger) v. Ontario (Ministry of Corrections) 2013 CanLii 50479, which was released this past July 2013 by...
View ArticleThe gloves come off: Sky high damages in human rights cases
Human Rights Tribunals across the country have been issuing damage awards which have raised the eyebrows of the employer community. In a number of recent cases, employees have been awarded record...
View ArticleIs an employer’s duty to accommodate becoming too much?
After a recent Federal Court of Appeal ruling, employers are now faced with the responsibility of accommodating employee requests relating to childcare - providing it does not cause the employer undue...
View ArticleOntario Human Rights Tribunal decision offers clarity on workplace sexual...
With the allegations against CBC Radio personality Jian Ghomeshi dominating the news over the past several weeks, it is useful to examine how the Ontario Human Rights Tribunal addressed allegations of...
View ArticleHRTO concludes teenage Mennonites discriminated against when fired for...
A small vegetable and herb business in Ontario recently ran afoul of the Ontario Human Rights Code (“Code”) because it blindly adhered to its attendance policy and failed to consider any alternatives...
View ArticleOHSA in wonderland: Through the looking glass
If an employee alleges a violation of section 50 of the Occupational Health and Safety Act (“OHSA”) then the employer must prove there has been no violation. This is called a reverse onus clause which...
View ArticleMust you include bonuses when calculating lost wages?
In the case, Bain v. UBS, the Ontario Superior Court of Justice tackled the issue of whether bonuses are too be included when calculating the income that an individual would have earned during a period...
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