The Human Rights Tribunal of Ontario (HRTO) will implement a significant procedural change that will impact how human rights disputes are resolved in the province. The HRTO has announced the launch of a mandatory mediation process for all applications filed on or after June 1, 2025. Applications filed with the HRTO prior to June 1,…
Category: Human Rights
Ontario’s Human Rights Tribunal Dismisses Discrimination Claim Against Union’s Women-Only Job Posting Under Special Program Provisions in the Code
Employers seeking to initiate equitable hiring strategies may wonder whether such programs are “legal”, given the current political climate in the United States. A recent decision of the Human Rights Tribunal of Ontario contains important reminders.
Dismissal of Healthcare Worker for Failure to Disclose COVID-19 Exposure to Spouse/Co-Worker Not Discriminatory
A recent decision provides clarification on the distinction between legitimate workplace policy enforcement and discriminatory conduct. In this #CIP, Hicks Morley’s Gabrielle Lemoine shares details of the case and what it means for employers and HR professionals.
Holiday Party Best Practices: A Guide for Employers
The holiday season is a time for people to come together and celebrate. For many of us, this may include workplace parties. With seasonal festivities and holidays just around the corner, it’s that time of year again to consider the proactive steps employers can take to ensure the health and safety of employees who attend…
Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination
In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…
Human Rights Tribunal of Ontario Seeks Input on Important Process Changes
The Human Rights Tribunal of Ontario (HRTO) recently announced it is seeking feedback on important changes it suggests are designed to streamline its process. The key proposed changes are as follows: Feedback on these proposed changes can be provided until November 22, 2024 by sending an email to HRTO.registrar@ontario.ca with the subject line “HRTO Consultation.”…
Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy
In Oxford County v. Canadian Union of Public Employees, Local 1146, Arbitrator Brian Sheehan determined that the grievor, who refused, on the basis of her religion, to undergo rapid antigen testing in accordance with the employer’s COVID-19 policy, had not established that she had been improperly discriminated against on the basis of creed. This is…
Ontario to Introduce Legislation Banning Requirements for Canadian Work Experience in Job Postings
On November 9, 2023, the Ontario government announced its intention to introduce legislation which it states would be aimed at protecting internationally trained workers. If passed, the legislation would ban employers from requiring Canadian work experience as a requirement in job postings and application forms. The government also announced that it will be “proposing changes…
An Update on the Status of Family Status – Just in Time for Family Day
In a recent decision released by the Human Rights Tribunal of Ontario, the Tribunal found that an employer discriminated against the Applicant, a personal support worker, by failing to accommodate her special childcare needs. The Tribunal found that the Applicant’s employment was terminated at least in part because she was unable to offer more flexible hours due to her childcare obligations. The Tribunal awarded a remedy of $30,000 in compensation for injury to the Applicant’s dignity, feelings and self-respect.
Federal Post – Second Edition
Dear Friends, We are delighted to bring you this year-end edition of the Federal Post, our newsletter designed exclusively for federally regulated employers. In this issue, we cover a range of interesting developments in the areas of federal labour, employment standards, unjust dismissal law and health and safety. Ian Campbell, a lawyer in our Waterloo…