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…
Practice Area: Human Rights
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…
Canadian Human Rights Act Amended to Delete Discriminatory Practice Relating to “Hate Messages”
On June 26, 2013, a federal private member’s Bill, Bill C-304, An Act to amend the Canadian Human Rights Act (protecting freedom), received Royal Assent. Bill C-304 amends the Canadian Human Rights Act (“Act”) by repealing section 13 “Hate Messages” as a discriminatory practice, to ensure compliance with the freedom of expression guarantee in the…
Significant decision on establishing “prima facie discrimination” rendered by the Court of Appeal for Ontario
The Court of Appeal for Ontario has rendered a significant decision in Peel Law Association v. Pieters regarding the test for establishing a prima facie case of discrimination. The Court upheld a finding of the HRTO that race and colour were factors in the questioning by a librarian of three applicants (two lawyers and a…
Court of Appeal for Ontario Upholds HRTO Finding of Racial Profiling, Clarifies Test Applicants Must Meet to Establish a Prima Facie Case of Discrimination
The Court of Appeal for Ontario has set aside a decision of the Divisional Court and upheld a decision of the Human Rights Tribunal of Ontario (“HRTO”) which found that race and colour were factors in a librarian’s decision to ask the applicants for identification when they were using a lawyers’ lounge operated by the…
Workplace Investigation Training – Hospitality
Join your colleagues in this session designed specifically for the Hospitality Industry. This workshop focuses on essential investigation skills required by HR Professionals in the Hospitality Industry who are charged with investigating workplace incidents. Whether it is a case of employee theft, the results of a Mystery Shopper report, harassment or discrimination allegations among employees,…
A Lower Cover Charge for Women on “Ladies Night” is not Discriminatory
In the recent decision Maclean v. The Barking Frog, Mr. Maclean brought an application to the Human Rights Tribunal of Ontario in which he alleged that a bar discriminated against him by charging men a higher entry fee than women on “ladies night.” The application was dismissed after a summary hearing on the basis that…
Workplace Investigation Training – London
This workshop focuses on essential investigation skills required by HR Professionals and In-House Counsel who are charged with investigating workplace incidents. Attendance at this session will include a detailed manual entitled, “Hicks Morley’s Guide to Conducting Investigations into Workplace Complaints”. Fee $750.00 plus $97.50 HST (13%), totaling $847.50 per person. Agenda 8:00 Registration and Continental…