Use of Social Media for Operational Purposes: Should Employers Hang...
A recent labour arbitration decision out of Ontario considers an employer’s obligation to protect its employees from harassment via an employer’s presence on social media.
Absenteeism Due to Disability: Has Frustration of Contract Occurred?
Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.
Admission of Discrimination Not Required for Settlement
Under the Nova Scotia Human Rights framework, a Board of Inquiry must approve any settlement reached after a complaint is referred to a hearing before the Board.
An Employee With a 14 Year Absence Reinstated With Full...
In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.
Substantial Changes to Employment for Employee Returning from Maternity Leave...
Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers. However, the ability of parents to take maternity and/or paternity leave, and return to their employment, is a legislated right.
Employer’s Denial of Request for Summer Off, a Breach of...
Family status cases continue to work through human rights tribunals across the country.
Update: Is the Failure to Provide Parental Leave “Top-Up” Benefits...
The complainant was a unionized employee and his Collective Agreement provided top-up benefits to adoptive parents, but not to biological parents. The Board of Inquiry concluded that the distinction in benefits constituted discrimination on the basis of family status.
Breastfeeding and the Duty to Accommodate: Federal Court of Appeal...
In Flatt v Canada (Attorney General), 2015 FCA 250 (CanLII), the Federal Court of Appeal (“FCA”) visited the issue of whether the decision to breastfeed one’s child is protected by human rights legislation.
Unprecedented Damage Award for Violation of Human Rights
Early this year, the Ontario Human Rights Tribunal chartered into new territory when it awarded an employee $150,000 in damages for injury to dignity, feelings and self-respect that were caused by the employer’s egregious violation of the employee’s human rights.
Nova Scotia: Application of Restorative Process to Discrimination Complaint
Since 2012, the Nova Scotia Human Rights Commission has adopted a restorative approach as the first option in addressing human rights complaints. If a complaint is referred to a Board of Inquiry, parties have the option to either proceed to a traditional hearing, or agree to a Restorative Board of Inquiry process.