ArticleEmployer Liability When Providing Employee ReferencesIf you can't say anything nice, is it better to say nothing at all?CanadaEmployment and HRMcLennan Ross LLP
ArticleForced Landing Of Air Canada Pilots Over The Age of 60On February 3, 2011, the Federal Court of Canada issued a decision in Vilven v. Air Canada, the prolonged legal battle of two Air Canada pilots who challenged the Company's mandatory retirement policy for pilots who reached the age of 60.CanadaEmployment and HRFasken
ArticleFurther Legal Protections For People With Disabilities Across The CountryThis summer the Federal government tabled Canada's first national accessibility law in efforts to advance accessibility for people with disabilities,CanadaEmployment and HRMcCarthy Tétrault
ArticleGrievance Procedures - An Appropriate Forum For Human Rights Complaints Within A Unionized WorkplaceIn three recent decisions, the Alberta Human Rights Tribunal (the "Tribunal") applied its decision in Grewal v Sofina Foods Inc., 2023 AHRC 46 (CanLII) ("Grewal")...CanadaEmployment and HRMcLennan Ross LLP
ArticleHold The Applause: Clapping Banned To Reduce Individual AnxietyManchester may be best known for its premiership football teams and spawning the likes of Oasis and The Smiths.CanadaEmployment and HRVey Willetts LLP
ArticleHuman Rights Tribunal Issues Second Highest Award For Injury To DignitySometimes bad facts make bad law. The BC Human Rights Code ("Code") provides that if the Tribunal finds discrimination under the Code it can order a variety of remedies under section 37...CanadaEmployment and HRKane Shannon Weiler
ArticleNB Human Rights Cases: Legal Costs Not Available To Successful PartyClarence Bennett and Ellen Oakes Thompson, of our Fredericton office, acted for the Respondent in a recent Human Rights Board of Inquiry matter reviewed in this blog.CanadaEmployment and HRStewart McKelvey
ArticleOntario, Canada: Employers Can't Require Applicants To Be Permanently Eligible To WorkIn a recent decision still reverberating with Canadian employers, the Human Rights Tribunal of Ontario (HRTO) struck down an employer's practice of requiring job applicants to be permanently eligible to work in Canada...CanadaEmployment and HRLittler - Canada
ArticleRecord-Setting Damages Awarded By B.C. Human Rights Tribunal Following Racial DiscriminationThe complainant, Levan Francis, had been employed as a corrections officer since 2000.CanadaEmployment and HRRoper Greyell LLP
ArticleReinstatement Of Employment Ordered - A Decade After Disability Leave CommencedIn a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered the reinstatement of an employee a decade after she went on disability leave, together with loss of wages from June 2003 until the date of reinstatement.CanadaEmployment and HRDentons Canada LLP
ArticleSCC Expands Employment Protection Under BC Human Rights CodeIn 15th December 2017's Supreme Court of Canada decision in British Columbia Human Rights Tribunal and Schrenk, a split court held that British Columbia's Human Rights Code provides protection to employees from the discriminatory conduct of persons unrelated to their own employer, provided that the discriminatory conduct arose in their employment setting.CanadaEmployment and HRLawson Lundell LLP
ArticleSeptember Is BC Disability Employment Month – Is Your Business Aware Of Government Efforts To Create A More Inclusive, Diverse, And Accessible Workforce?Increasing accessibility and decreasing barriers in the workplace for people with disabilities is an important issue in employment law.CanadaEmployment and HRMcMillan LLP
ArticleSorry But I Can’t Help You With Your Purchase, I’m Being Accommodated By My EmployerIt is part and parcel of a retail employee’s job to interact with customers and assist them in making purchases.CanadaEmployment and HRMcCarthy Tétrault
ArticleThe Canadian Human Rights Commission Publishes Impaired At Work: Guide To Accommodating Substance DependenceThe national epidemic of opioid abuse and overdoses is almost a daily feature in news media. Meanwhile, recent figures indicate that prescriptions for painkillers continue to increase in Canada.CanadaEmployment and HRMcCarthy Tétrault
ArticleThe Long And Winding Road To Accommodation - How Long Is Too Long?After a lengthy period of time off work, a school board failed to accommodate a teacher with their return to work within a suitable time.CanadaEmployment and HRField Law
ArticleTrend Continues In Alberta For Higher General Damages In Human Rights AwardsGeneral damages awarded by human rights tribunals are intended to compensate for discrimination and to act as a deterrent.CanadaEmployment and HRDentons Canada LLP
ArticleUnderstanding The Risks Of Presenting Sensitive Records In Human Rights ComplaintsIn a recent decision, the Alberta Human Rights Tribunal directed the Respondent company to pay $5,000 in costs to a Complainant, despite the fact that the Complainant produced no evidence of damages...CanadaEmployment and HRMLT Aikins LLP
ArticleHuman Rights and Legal Compliance - The Framework for Socially Responsible Behaviour for Canadian Businesses Venturing OverseasOn October 27, 2010, the House of Commons, on third reading, narrowly voted 140 to 134 against Bill C-300, An Act respecting Corporate Accountability for the Activities of Mining, Oil or Gas in Developing Countries.CanadaEnergy and Natural ResourcesOsler, Hoskin & Harcourt LLP
ArticleTransnational Corporate Liability For Human Rights Violations, Part 2Canadian parent companies with foreign subsidiaries face some difficult policy issues that arise from the recent Ontario court decision.CanadaEnergy and Natural ResourcesNorton Rose Fulbright Canada LLP