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Unionized Employee Reinstated to Permit Application for Long-Term Disability Benefits

Posted On: January, 21 2015
In November 2012, labour arbitrator William Kaplan decided the grievance case of Agropur Division Natrel v. Teamsters Local 647 (Grievance of JF), 2012 CanLII 69477, regarding the termination of a disabled employee requesting reinstatement. The grievor,… more »
 

Employees with Parental Responsibilities are Entitled to Accommodation: Federal Court

Posted On: January, 21 2015
A decision released by the Federal Court in January 2013 confirms that employers must accommodate their employees with parental obligations to the point of undue hardship: Johnstone v A.G. (Canada). Fiona Johnstone and her husband worked as border… more »
 

Human Rights Tribunal Decision Highlights the Importance of Confidentiality in the Settlement Process

Posted On: January, 21 2015
A recent decision from the Human Rights Tribunal of Ontario (“HRTO”) Tremblay v. 1168531 Ontario Inc., highlights the importance of confidentiality in the settlement process. Trish-Ann Tremblay filed a human rights application against her former… more »
 

Increased Access to Public Education for Persons with Disabilities in Canada

Posted On: January, 21 2015
In November 2012, the Supreme Court of Canada released a decision that has increased access to public education for persons with disabilities in Canada. Moore v. British Columbia (Education), 2012 SCC 61 was the case of a child name Jeffrey Moore who… more »
 

Long Term Disability Claims in the Notice Period

Posted On: January, 21 2015
In the 2012 case of Brito v. Canac Kitchens, 2012 ONCA 61, the Court of Appeal considered what would be a nightmare scenario for many employers. In this case, the employee was covered under an employer-sponsored benefit plan, which included short- and… more »
 

“Model” Employee Outsources his Job to China

Posted On: January, 21 2015
In a recent article, the Globe and Mail reported that an American computer programmer, described by his employer as a “model employee,” had secretly outsourced his own job to a company in China. The computer programmer, referred to as “Bob” in the news… more »
 

Civil Remedies for Human Rights Claims – Part 2

Posted On: January, 21 2015
In the previous blog, we summarized a number of cases dealing with the ability of litigants in court cases to include human rights allegations in their civil proceedings.  We had explained how the 2008 amendments to the Human Rights Code had permitted… more »
 

Civil Remedies for Human Rights Claims – Part 1

Posted On: January, 21 2015
Prior to amendments to the Human Rights Code (“Code”) in 2008, Ontario’s civil courts did not have jurisdiction to hear human rights cases.  The courts’ power was limited to hearing appeals of Ontario Human Rights Tribunal decisions by way of judicial… more »
 

Employees have reasonable expectation of privacy on work computers

Posted On: January, 21 2015
The Supreme Court of Canada recently released its decision in R. v. Cole, 2012 SCC 53, in which the Court decided that employees have a reasonable expectation of privacy in the information contained on work computers where personal use is permitted by… more »
 

The Naming of Personal Respondents in Human Rights Matters and the Farris Decision

Posted On: January, 21 2015
When making an application to the Human Rights Tribunal of Ontario (HRTO), the applicant may name an organizational respondent, a personal respondent, or both.  However, when it comes to an allegation of discrimination in employment, the applicant… more »
 

Law Firm Partners Not Employees under British Columbia Human Rights Code: BC Court of Appeal

Posted On: January, 21 2015
In a recent decision, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), the British Columbia Court of Appeal has overturned rulings from the BC Human Rights Tribunal and the BC Supreme Court which held that partners in business… more »
 

Human Rights Tribunal of Ontario Reconsiders Test for Continuing Breaches of the Code

Posted On: January, 21 2015
In a recent decision, Garrie v. Janus Joan Inc., the Human Rights Tribunal of Ontario (“HRTO”) has clarified the principles related to determining the limitation period for discrimination claims involving a series of discriminatory incidents that are… more »
 

Andrew Pinto’s Human Rights Report Released

Posted On: January, 21 2015
Andrew Pinto’s Report concerning the Ontario Human Rights System was released by the Attorney General of Ontario.  The Report  is the culmination of Andrew’s  independent province-wide consultation on the implementation and effectiveness of the 2008… more »
 

Pay Equity Act Does Not Require the Harmonization of Wage Grids

Posted On: January, 21 2015
In Canadian Union of Public Employees Local 1999 v. Lakeridge Health Corporation (“Lakeridge Health”), the Divisional Court of Ontario upheld two decisions of the Pay Equity Hearings Tribunal (the “Tribunal”), which found that the Pay Equity Act (the… more »
 

Gender bias in severance pay?

Posted On: January, 21 2015
Pay equity is about “equal pay for work of equal value” according to the Pay Equity Commission of Ontario.  However, the Commission also recognizes that a persistent inequity continues to exist between men and women, which the Commission refers to as… more »
 

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