Employee Awarded Human Rights Damages Without Discrimination

Is an act of reprisal in response to an unfounded human rights complaint grounds for an award of damages under the Ontario Human Rights Code? According to a recent decision from the Human Rights Tribunal of Ontario, Morgan v. Herman Miller Canada Inc., 2013 HRTO 650 (CanLII), the answer is yes.

The case is interesting because it stands in stark contrast to decisions taken by the Ontario Labour Relations Board with respect to claims of reprisal following unsuccessful claims of workplace harassment. On this latter point I would encourage readers to review my post Workplace Harassment Complaints and Bill 168. 

Is Obesity a “Disability” Under the Ontario Human Rights Code?

Is obesity a “disability” under the Ontario Human Rights Code? This question emerged as a result of an e-card image that was posted on Facebook earlier this week. As one can see from the image below, the perception of the woman portrayed is that she cannot become a stripper on account of the fact she perceives herself to be fat and unable to dance.

"If you liked it, then you shoulda put a ring on it:" What Beyonce can Teach Employers about Employment Law

What can employers learn from Beyonce’s hit song, “Single Ladies”? A surprising amount, I would suggest, when it comes to drafting non-competition clauses.

A decision from the Alberta Court of Queen’s Bench (equivalent to Ontario’s Superior Court of Justice), Enerflow Industries Inc. v Surefire Industries Ltd., 2013 ABQB 196 (CanLII), provides a solid overview of the enforceability of non-competition clauses and this blog will explain why sometimes it pays to "put a ring on it."

Non-Competition Agreement Can Increase Reasonable Notice Entitlement

Does the fact that an employee signed a non-competition agreement have any impact on the reasonable amount of notice of termination of employment to which that employee is entitled?

According to a recent decision from the Ontario Superior Court of Justice, the answer is yes.

Is the Right to be Reinstated After Pregnancy Leave Guaranteed?

Is the right to be reinstated after pregnancy leave absolutely guaranteed? According to a recent decision from an adjudicator appointed under Part III of the Canada Labour Code, the answer is no.

Workplace Harassment Complaints and Bill 168

Are the changes to Ontario’s Occupational Health and Safety Act really capable of influencing the way we approach workplace harassment cases? For the reasons that follow, I would argue that they are not.

Pregnant Employees are Entitled to Greater Notice of Dismissal

Is a pregnant woman entitled to a greater amount of notice of her dismissal than other employees? Does firing an employee while she is pregnant merit an award of punitive damages?

At least one Ontario Superior Court judge has said yes to both questions.