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…

Constructive Dismissal: More Mental Gymnastics from Ontario’s Court of Appeal

By , August 15, 2014 2:21 pm

Farwell v. Citair In Farwell v. Citair, Inc. (General Coach Canada), 2014 ONCA 177 (CanLII) the Ontario Court of Appeal (OCA) appears to have further complicated the law of constructive dismissal to help a sympathetic plaintiff. The Facts Mr. Farwell was 58 years old when his employer demoted him from Operations Manager/Vice President of Operations Continue Reading…

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