Management Lawyers

Think You Suffered Family Status Discrimination? First Things First – Were You Employed in Ontario or B.C.?

Published on April 16, 2019

Stringer LLP

The law governing family status discrimination under human rights legislation is unsettled and varies from jurisdiction to jurisdiction.  A new decision from the British Columbia Court of Appeal only deepens this divide, which it appears only the Supreme Court of Canada may bridge.

human rights

Does Human Rights Legislation Apply to Job Ads on Facebook?

Published on April 12, 2019

Amanda Boyce

Technological advancements frequently outpace the law’s ability to respond to the challenges they create. With the click of a button, employers can now reach hundreds or even thousands of potential job applicants by posting advertisements on online platforms. But research suggests that this convenience is facilitating certain recruitment practices that may be discriminatory.

employment law,  human rights,  labour law

Has BC Court opened the door to more court claims of harassment?

Published on April 09, 2019

Stringer LLP

A recent case from the British Columbia Court of Appeal suggests that courts may have broader jurisdiction over human rights claims than they have previously asserted.

class actions,  employment litigation,  human rights

Zero Tolerance Policies and Medicinal Marijuana

Published on September 28, 2018

Stringer LLP

The Ontario Human Rights Tribunal weighs in on the legality of a “zero tolerance” policy for workplace (medicinal) marijuana consumption.

human rights,  occupational health and safety

Then Now Next: Ontario Government To Introduce Pay Transparency Legislation

Published on March 06, 2018

Stringer LLP

Premier Kathleen Wynne announced this morning that the Ontario government would introduce new legislation aimed at increasing pay transparency as part of a broader strategy to advance women’s economic empowerment entitled “Then Now Next: Ontario’s Strategy for Women’s Economic Empowerment”.

employment law,  human rights

Preferential Treatment for Employees with Active WSIB Claims not Discriminatory

Published on October 25, 2017

The Human Rights Tribunal of Ontario recently held that it is not discriminatory for employers to treat disabled workers with active WSIB claims more favourably in the accommodation process than disabled workers without such claims.

human rights,  workers compensation

Avoid Procedural Missteps when Accommodating Mental Disabilities in the Workplace

Published on August 25, 2017

A recent decision of the Human Rights Tribunal of Ontario should serve as a lesson to all employers who wrestle with the complexities of accommodating mental disabilities in the workplace.

human rights,  workers compensation

British Columbia to Reinstate Human Rights Commission

Published on August 17, 2017

British Columbia Premier John Horgan announced earlier this month that the province will reinstate its Human Rights Commission. 

human rights

Court Comments on when Employers can ask for an Independent Medical Examination

Published on August 16, 2017

Ontario’s Divisional Court recently confirmed that employers have a right to ask employees to undergo an Independent Medical Examination (“IME”) in certain circumstances, to facilitate the accommodation process.

human rights

Addiction without compulsion: no defence to serious misconduct using the “hybrid” approach

Published on March 03, 2017

The law on addiction has evolved over the years in arbitral jurisprudence.  Earlier decisions treated illness as a mitigating factor on penalty.  In more recent decisions, arbitrators have treated the human rights accommodation analysis as relevant to the assessment of the gravity and culpability of misconduct itself.

employment law,  employment litigation,  human rights,  labour law

Medical Evidence and Employee Absences

Published on December 23, 2016

A recent decision from the Ontario Superior Court of Justice confirms that employers are within their rights to require medical notes when employees are absent from work, but stands as a warning to employers that although they can ask, they may not be able to summarily terminate an employee who fails to comply.

employment standards,  human rights

It Takes Two to Tango: Superior Court Rules on Employees’ Duty to Facilitate in the Accommodation Process

Published on May 16, 2016

A recent decision of the Ontario Superior Court addresses the limits on the employer’s procedural duties in the accommodation process with respect to an employee on a long-term absence from work due to disability.

human rights

Human Rights Tribunal Rules on Family Status Protection for Infrequent and Unexpected Childcare Obligations

Published on April 20, 2016

A recent Human Rights Tribunal of Ontario decision confirms that family status protection may require employers to accommodate employees’ sporadic or unexpected absences to fulfill childcare obligations.

human rights

Workplace Investigations – Will Yours Survive Tribunal Scrutiny?

Published on July 28, 2015

Workplace investigations have been an increasingly important topic for HR Professionals in the past few years.  Employers have a duty to conduct workplace investigations in response to employee discrimination and harassment complaints. Failure to investigate or faulty investigations can expose employers to liability.  Ensuring that workplace investigations are conducted properly is key to avoiding such liability.

human rights

Double the Previous Record Awarded in Damages for Sexual Harassment

Published on June 15, 2015

A recent decision from the Human Rights Tribunal of Ontario has doubled the previous Canadian record for general damages.

human rights