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Showing posts with label Human Rights. Show all posts
Showing posts with label Human Rights. Show all posts
Friday, 15 November 2019

Hearing Racial Slur in Song Lyrics Not Prohibited Discrimination: BCHRT

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Is hearing music that contains a racial slur, playing in a retail establishment, sufficient to establish discrimination under section 8 o...
Monday, 28 October 2019

Requirement that Applicants be Legally Permitted to Work in Canada on “Permanent” Basis a Discriminatory Act

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Is it a discriminatory act to ask someone applying for employment whether he or she is legally eligible to work in Canada on a permanent ...

Accommodations of Disability Not Carved in Stone

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Once an employee has been afforded accommodation for his disability, is the specific accommodation set in stone forever, or can an employ...
Wednesday, 13 March 2019

Inability to Measure and Manage Risk of Harm Created by Cannabis Use Constitutes Undue Hardship: NFLD Supreme Court

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Does the inability to reliably test for cannabis create an undue hardship for employers with respect to their duty to accommodate the use...
Sunday, 27 January 2019

Arbitrator Orders Nurse Who Was Caught Stealing Narcotics to be Reinstated

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Is it a discriminatory practice and potential breach of the Ontario Human Right Code for a nursing home to prohibit nurses from stealin...
Monday, 16 April 2018

Punitive Damages Awarded for Failure to Conduct Harassment Investigation

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What are the consequences for terminating an employee’s employment (for just cause no less) rather than investigating a legitimate compla...
Saturday, 3 February 2018

Employers Can No Longer Require Employees to Wear High Heel Shoes – Except in “Entertainment and Advertising Industry”

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Can an employer force an employee to wear a shoe with an elevated heel – aka “high heels” – if wearing such shoes is not required for th...
Friday, 29 September 2017

Judge Gives KISS Off to Gene Simmons Discrimination Claim

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(c) istock/DenTv Can you sue someone in Ontario civil court exclusively for discrimination under the Ontario Human Rights Code ? Definit...
Monday, 4 September 2017

Supreme Court Upholds Termination for Violation of Anti-Drug Policy

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(c) istock/BenGoode Can an employee be fired for violating his company’s drugs and alcohol policy, if the reason he violated such a poli...
Saturday, 2 September 2017

Ontario’s Top Court Confirms that Employees May Sometimes be Required to Attend Medical Examination by Doctor of Employer’s Choosing

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(c) istock/vadimguzhva “The motion for leave to appeal is dismissed with costs fixed at $1,000.” With those thirteen simple words, Ontar...
Saturday, 20 May 2017

Divisional Court Rules that Employees May Sometimes be Required to Attend Medical Examination by Doctor of Employer’s Choosing

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(c) istock/utah778 Is an employee required to submit to an independent medical examination, an “IME”, by a doctor of his employer’s choos...
1 comment:
Tuesday, 18 April 2017

Ontario Superior Court Says that You Cannot Sue for the Tort of Sexual Harassment

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Is the tort of sexual harassment a recognized cause of action in the Province of Ontario? Put another way, in Ontario, can you sue in cou...
1 comment:
Sunday, 19 March 2017

Is a legal ban on requiring high heeled shoes in the workplace inevitable?

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(c) istock/grinvalds Is a legal ban on requiring high heeled shoes in the workplace inevitable? Probably. On March 8, 2017, Dr. Andrew ...
Monday, 21 November 2016

Div Court Finds No Frustration of Contract after 29-Month Disability Leave; Upholds Awards of Human Rights Damages and “Punitive” Costs

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(c) istock/Hailshadow Some decisions are just textbooks on employment law. They are ‘must read’ decisions for anyone looking to practice...
Tuesday, 15 November 2016

Refusal to Hire Foreigners in Order to Keep the “White Man Working” both Morally Repugnant and Illegally Racist

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(c) istock/numismarty Is it “illegal” to refuse to hire an immigrant simply because he is a “foreigner”? Of course it is. That question ...
Sunday, 13 November 2016

When the Most Qualified Candidate Does Not Win

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(c) istock/wildpixel Sometimes the most-qualified candidate for a position is not successful in her application. Where that candidate is...
Sunday, 21 August 2016

Employer Ordered to Provide Particulars of Reasons for Termination Without Cause

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Is a provincially regulated employer required to provide the reason that it terminated an employee’s employment if that employer does not...
Monday, 1 August 2016

Employers Responsible for Protecting Employees from Harassment on Twitter

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Do employers have a legal obligation to protect their employees from the vitriol that may be hurled at them via social media? Put another ...
Saturday, 9 July 2016

Doubling Down Damages – The Ontario Court of Appeal Sends Strong Message to Discriminatory Employers

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What is the penalty for embarking on a “campaign of abuse”, intentionally designed to force a disabled employee to quit her job? In a Jun...
Sunday, 26 June 2016

Passage of Nearly a Decade’s Time Not a Barrier to Reinstatement: ONCA

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There is a saying about the pace at which the wheels of justice move: they grind slowly. Perhaps no case better exemplifies that saying t...