Do employers have a duty to investigate a human rights complaint where no discrimination is found to exist?

By , September 25, 2014 3:59 pm

In a decision issued earlier this year, the Human Rights Tribunal of Ontario stated that an employer has no duty to investigate a human rights complaint unless discrimination is found to exist [Scaduto v. Insurance Search Bureau]. This decision seems to be in line with an earlier court case where the court concluded that liability Continue Reading…

Ignoring the Ontario Human Rights Tribunal is a Very Bad Idea

By , September 10, 2014 4:31 pm

The Ontario Human Rights Tribunal (the Tribunal) can and does award significant damage awards against employers who decide to ignore a human right complaint. The Celtech Plastics case Take Celtech Plastics Ltd  as an example. A former employee who was 68 years old and had 35 years service filed a complaint with the Tribunal after Continue Reading…

Discriminating against Disabled Employees: New OHRC Policy

By , August 27, 2014 1:21 pm

Discriminating against Disabled Employees: Ontario Human Rights Commission Issues a New Policy Mental disabilities: The Facts Research estimates that almost one in five Canadian adults will experience a mental illness or addiction. In the last version of the Diagnostic and Statistical Manual of Mental Disorders – The Fifth Edition (or DSM-5)the number of recognized mental disabilities increased. Continue Reading…

The Good, the Bad and the Ugly: Penalties for Violating Ontario’s Employment Standards Act

By , August 21, 2014 11:44 am

Many employers regularly – knowingly and unknowingly – contravene sections of the Employment Standards Act (ESA). Common ESA Violations Two of the most common violations are: 1. The failure to pay overtime pay 2. The failure to give an employee a day off work with public holiday pay if he or she works on a Continue Reading…

Human Rights Update: Minimum Wage Cook Receives Large Damage Award

By , August 18, 2014 10:43 am

The Facts Shirley Jensen worked as a cook in a restaurant and earned $ 10.25 per hour. She had fibromyalgia. To manage pain, she attended a pain clinic twice a week. From time to time, she also needed to obtain major treatments which required two days off work. These days changed when the medical facility Continue Reading…

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