Getting the Last Word: Recent Decisions Uphold Signed Releases As Final and Binding
In a pair of recent human rights decisions across Canada, former employees made claims against their employers after signing a release. Despite these challenges to the finality of the releases, these decisions showcase the importance of releases as a tool for employers, as both claims were barred by their validly signed releases. In Kamal v […]
Human Rights Tribunal Finds that Offsetting Disability Benefits by Government Funding is not Discriminatory
[vc_row][vc_column width=”1/4″][vc_single_image image=”3445″ img_size=”large”][/vc_column][vc_column width=”3/4″][vc_column_text]While employers are not obligated to provide health and insurance benefits to their employees, employers can still run into legal issues if the terms or administration of their benefits plans run afoul of human rights legislation.
When Separate is Not Equal: Ontario Human Rights Tribunal Finds Tennis League Discriminatory Based on Sex
[vc_row][vc_column width=”1/4″][vc_single_image image=”3745″][/vc_column][vc_column width=”3/4″][vc_column_text]A recent decision from the Human Rights Tribunal of Ontario (“HRTO” or the “Tribunal”) held that the gender balancing provisions of a tennis club association discriminated against women in the provision of services by providing females with fewer opportunities to play in the association’s Mixed League. In Miller v InterCounty Tennis Association […]
HRTO Rules that Dismissal for Violation of Attendance Policy is Not Discriminatory
As most employers know, the Ontario Human Rights Code (the “Code”) prohibits employers from discriminating against any person with respect to their employment
Four New Protected Grounds Proposed for Ontario’s Human Rights Code
On October 4, 2017, Bill 164, The Human Rights Code Amendment Act, 2017 (“Bill 164”) was introduced in the Ontario legislature as a private member’s bill
Muddying the Waters of Family Status Accommodation
This past year has seen an unsettling of the law surrounding family status discrimination under the Ontario Human Rights Code (the “Code”).
Employer’s Social Media Account Constitutes the Workplace
An Arbitrator recently considered whether an employer’s social media presence could be defined as part of the “workplace” and the attendant employer obligations arising from such a finding in Amalgamated Transit Union, Local 113 v. Toronto Transit Commission (Use of Social Media Grievance).
Reinstatement Appropriate Many Years After Discriminatory Termination
[vc_row][vc_column width=”1/3″][vc_single_image image=”144″ img_size=”full”][/vc_column][vc_column width=”2/3″][vc_column_text]Hamilton-Wentworth District School Board v. Fair, 2016 ONCA 421 Facts Ms. Sharon Fair started her employment with the Hamilton-Wentworth District School Board (the “School Board”) in 1988.