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  • Article

    Pre-employment Inquiries: A Cautionary Tale

    In July of this year, The Human Rights Tribunal ruled that the Imperial Oil Limited ("IO") pre-employment practice of requesting that job applicants disclose ...
    CanadaEmployment and HR
    MacDonald & Associates
    MacDonald & Associates
  • Article

    Privacy Versus Public Interest: Anonymity At The B.C. Human Rights Tribunal

    Complaint proceedings before the B.C. Human Rights Tribunal (the "Tribunal") are presumptively public.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

Refusal To Permit Rainbow Sticker On Volunteer Name Badge Not Discrimination

The Ontario Human Rights Tribunal (the "Tribunal") recently dismissed a discrimination claim filed by Peter Zanette against the Ottawa Chamber Music Society operating as Ottawa Chamberfest ("Chamberfest"). In Zanette v Ottawa Chamber Music Society, decided on July 15, 2024.
CanadaEmployment and HR
Carters Professional Corporation
Carters Professional Corporation
  • Article

    Reinstatement And Accommodation Under Alberta's Workers' Compensation

    For workplace accidents occurring on or after September 1, 2018, non-exempt employers have an obligation under section 88.1 of the Alberta Workers' Compensation Act to accommodate and reinstate most workers injured ...
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Speculation In Human Rights Claims – A Recent Decision

    Thankfully, the BC Human Rights Tribunal (HRT) has held that speculation is not sufficient to make out a case of discrimination...
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    The Debate Regarding An Employer's Duty To Accommodate On The Basis Of Family Status Continues…

    Courts and Human Rights Tribunals have long debated the extent of an employer's legal obligations when it comes to accommodating employees in their family status responsibilities.
    CanadaEmployment and HR
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    The Importance Of A Procedurally Fair Investigation

    In a recent decision of the Ontario Human Rights Tribunal (the "HRTO" or the "Tribunal"), Buckel v. St. Joseph's Healthcare Hamilton, the Vice-Chair awarded the Applicant $15,000.00 after she was terminated for time theft – even though the Vice-Chair was satisfied that she did indeed commit time theft.
    CanadaEmployment and HR
    Turnpenny Milne
    Turnpenny Milne
  • Article

    "Timing Isn't Everything": Termination Shortly After Disability-Related Absences Is Not Necessarily Discriminatory

    A common issue in human rights claims is the timing of an employer's action or decision relative to an employee's medical leave or illness.
    CanadaEmployment and HR
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Timing Isn't Everything: Termination Upon Return From A Protected Leave Of Absence

    In Amies v Lethbridge Family Services, 2025 AHRC 19, the Human Rights Tribunal of Alberta (the "Tribunal") upheld the Director's decision to dismiss a complaint for discrimination...
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Truth And Reconciliation With First Nations Implications For Employers

    It can start with a knock on the door one morning. It is a local Indian agent, or the parish priest, or, perhaps, a mounted police officer.
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Unionized Employees Can Bring Human Rights Claims To Ontario Human Rights Tribunal Or Labour Arbitrators

    In October 2022, the Ontario Human Rights Tribunal (Tribunal) released its interim decision in Weilgosh v. London District Catholic School Board.
    CanadaEmployment and HR
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Warning To Employers: Disciplining Employees Confronting A Discriminatory Working Environment Could Be A Violation Of The Human Rights Code

    The British Columbia Human Rights Tribunal (the "Tribunal")[1] held that an employer's decision to terminate an employee was in connection with the employee's efforts to address discrimination in the workplace.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Which Absences Properly "Count" For Attendance Management

    The Federal Court of Appeal recently overturned a decision of the Public Service Labour Relations and Employment Board (the "Board") concerning the National Attendance Management Policy...
    CanadaEmployment and HR
    Roper Greyell LLP
    Roper Greyell LLP
  • Article

    Who's Responsible For Who? Family Matters

    All of the provinces and territories in Canada (except New Brunswick), prescribe human rights protections based on "family status" (or "civil status" in Quebec, which has been interpreted by the Supreme Court of Canada to include familial relationships).
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    A Costly Lesson: Human Rights Tribunal Issues Large Damages Award Against Employer In Breach Of Human Rights Code

    In Matheus v McCann, the Human Rights Tribunal of Ontario heard an application alleging discrimination in employment on the bases of race, ancestry, place...
    CanadaGovernment, Public Sector
    CCPartners
    CCPartners
  • Article

    Alberta Appeal Judge Finds That Unfounded Fears, However Genuine, Do Not Qualify As Harm To Aboriginal Rights

    On January 16, 2019, Alberta Court of Appeal Justice Ritu Khullar issued a decision in Fort McKay Métis Community Association v Alberta Energy Regulator
    CanadaGovernment, Public Sector
    Burnet, Duckworth & Palmer LLP
    Burnet, Duckworth & Palmer LLP
  • Article

    Anti-Maskers: BC Human Rights Tribunal Addresses Mandatory Mask Complaints

    "The Code does not protect people who refuse to wear a mask as a matter of personal preference, because they believe wearing a mask is "pointless"...
    CanadaGovernment, Public Sector
    Miller Titerle + Company
    Miller Titerle + Company
  • Article

    AODA Amendments: New Built Environment Standards And Changes To Accessibility Reporting Deadlines

    Two regulations amending the AODA’s Customer Service Standard and Integrated Standard have recently come into force.
    CanadaGovernment, Public Sector
    Stikeman Elliott LLP
    Stikeman Elliott LLP
  • Article

    Canada's Modern Anti-Slavery Legislation Takes Another Step Toward Being Passed Into Law

    There is potential that Canada's modern anti-slavery legislation, Bill S-211 (An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the Customs...
    CanadaGovernment, Public Sector
    Cassels
    Cassels
  • Article

    Charter Damages: Do Rights Require Remedies?

    The British Columbia Court of Appeal recently weighed in on whether damages are available for breach of a Charter right where no bad faith or accompanying tort is proven.
    CanadaGovernment, Public Sector
    Lerners LLP
    Lerners LLP
  • Showing 561–580 of 1405 results

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