Canadian human rights tribunals have, of late, been rendering decisions which examine the reach of “family status” as a prohibited ground of discrimination. Recently, the Canadian Human Rights Tribunal (the “Tribunal”) examined a case that involved eldercare responsibilities the applicant had for his mother-in-law. It found that the eligibility rules of the employer’s Relocation Directive…
Practice Area: Human Rights
Canadian Human Rights Tribunal Extends “Family Status” Protection to Care for Mother-in-Law
In a recent decision of the Canadian Human Rights Tribunal (the “Tribunal”), Hicks v. Human Resources and Skills Development Canada, the Tribunal found that “family status” protection under the Canadian Human Rights Act (the “Act”) can extend to eldercare responsibilities for “in-laws.” The Complainant was employed by Human Resources and Skills Development Canada (“HRSDC”) when…
Andrew Zabrovsky Quoted in Canadian Lawyer
Hicks Morley’s Andrew Zabrovksy was quoted in the November 2013 edition of Canadian Lawyer magazine in an article entitled “A coming of age for family status”. The article discusses human rights considerations with respect to family status, with a focus on childcare needs, family illness, and elderly parents. Andrew commented on the duty to accommodate…
School Board Client Update
The following represents a few notable decisions made by the Ontario Labour Relations Board, the Human Rights Tribunal of Ontario and arbitrators in 2013 that are relevant to school boards in Ontario. FACEBOOK POSTING BY TEACHER WARRANTS DISCIPLINE In Ontario Secondary School Teachers’ Federation and Simcoe County District School Board, 2013 CanLII 62014 (CanLII), the…
Section 46.1 Code Damages Awarded by Court
The Ontario Superior Court of Justice recently awarded damages under section 46.1 of the Ontario Human Rights Code, a section added to the Code in 2008 to permit courts to award damages for violations of the Code. Wilson v. Solis Mexican Foods appears to be the first decision in which such damages have been ordered…
Ontario Court Awards Damages under Human Rights Code
In what appears to be the first decision under s. 46.1 of the Ontario Human Rights Code (“Code”), which permits courts to award damages for violations of Code rights, the Ontario Superior Court of Justice has awarded damages for infringement of Code rights in an amount of $20,000. (Prior to the changes enacted to the…
Sean Sells Quoted in Law Times
Hicks Morley’s Sean Sells was quoted in the August 19, 2013 edition of Law Times magazine in an article entitled, “Focus: Spike in pension-related human rights litigation.” The article discusses the influx of pension claims and cautions that a successful claim could have damaging consequences on a pension plan. Sean states, “Employers and pension plans…
Mandatory Retirement Upheld for Suppression Fire Fighters: HRTO Clarifies Accommodation Obligations
In its recent decision, Corrigan v. Mississauga (City), the Human Rights Tribunal of Ontario (“HRTO”) considered whether a municipal employer had a positive obligation to consider requests for individual exceptions to the mandatory retirement policy of age 60 for suppression fire fighters and to work with those fire fighters to develop a medical fitness testing…
ECHO Publishes an Article by Michelle Alton and Thomas Agnew
An article by Hicks Morley’s Michelle Alton and Thomas Agnew was published in the Summer 2013 edition of ECHO, an Ontario Municipal Human Resources Association Newsletter. In the article entitled, “Drug and alcohol testing: How far can an employer go?”, Michelle and Thomas discuss the implications of the decision in Irving Pulp & Paper. They advise the…
OHRC Develops Policy on Removing the “Canadian Experience” Barrier for Job Applicants
The Ontario Human Rights Commission (“OHRC”) recently posted a new policy directive entitled “Policy on Removing the “Canadian experience” barrier” which sets out the Commission’s position as follows: . . . a strict requirement for “Canadian experience” is prima facie discrimination (discrimination on its face) and can only be used in very limited circumstances. The…