In the recent decision of Fair v. Hamilton-Wentworth District School Board, a non-union employee was reinstated to employment with back pay, despite having been away from the workplace for nearly a decade. The Human Rights Tribunal of Ontario explicitly rejected the employer’s argument that it would be unfair to order reinstatement in light of the…
Tag: Accommodation
College Update – Second Edition
Dear Friends, Spring is just around the corner and with the changing of the season, what better time for us to welcome our second edition of College Update! Hicks Morley’s College Practice Group is pleased to periodically provide our College clients with specific information relevant to your particular interests. In this edition we discuss labour…
George Vuicic Quoted in Canadian HR Reporter
Hicks Morley’s George Vuicic was quoted in the March 11, 2013 edition of Canadian HR Reporter in an article entitled, “Employers have duty to accommodate child-care needs: Federal Court.” The article discusses a recent landmark court decision that confirms employers have an obligation to try to provide accommodation for an employee’s child-care needs. In the…
Accommodating Childcare Needs: Understanding Your Obligations
In a recent edition of FTR Now, we reported on two significant Federal Court decisions, Johnstone v. Canada and Seeley v. Canadian National Railway, which confirmed that employers have an obligation to accommodate their employees’ childcare needs. Since the date that FTR Now was published, these two decisions have continued to generate a considerable amount…
George Vuicic Quoted in The Lawyers Weekly
Hicks Morley’s George Vuicic was quoted in the February 22, 2013 edition of The Lawyers Weekly in an article entitled, “Fed Court rejects strict test for ‘family status’ claims.” The article discusses two recent cases by the Federal Court which has affirmed that employers may be obliged to adjust their work demands in order to…
Federal Court Affirms Employer’s Obligation to Accommodate Childcare Needs
The Federal Court of Canada has upheld the finding of the Canadian Human Rights Tribunal (“Tribunal”) that “family status” under the Canadian Human Rights Act (“CHRA”) includes a parent’s obligations to care for a child, and that an employer is obligated to provide accommodation for an employee’s childcare needs. This decision is the latest in…
Accommodation and the Special Needs Child: The Supreme Court of Canada Decision in Moore
The Supreme Court of Canada has released an important decision which reaffirms some of the key principles in the accommodation process. The issues in Moore v. British Columbia (Education) arose from the financial choice made by a British Columbia School District in the provision of services. The Court’s criticism of the failure of that District…
Reaching Out – First Edition
Dear Friends, The Social Service Sector Practice Group is pleased to introduce its first FTR Now edition of Reaching Out. Reaching Out is our Social Service Update designed to provide you with legal updates on new and developing cases, trends and topics that are relevant to your sector and which provide you with information and…
School Bus Transportation Policy Deemed Discriminatory
A recent decision of the Human Rights Tribunal of Ontario (“HRTO”) has added to the fast growing group of “family status” discrimination cases. J.O. v. London District Catholic School Board highlights that there are many different ways a school board may be vulnerable to claims of family status discrimination. In this FTR Now we review…
College Update
The Colleges Practice Group at Hicks Morley is pleased to introduce our first FTR Now edition of College Update. Our College Update is designed to provide you with timely legal updates on topics that are of particular interest to the Colleges community, as well as information about, and analysis of, key developments that impact your…