Dear Friends, Welcome to the Fall Edition of Reaching Out. As we fall back an hour, we want to make sure that you do not feel like you are “falling back” in terms of current issues in labour and employment law that may affect your workplaces. In that regard, we have a full docket of…
Tag: Family Status
Andrew Zabrovsky Quoted in the National Post
Hicks Morley’s Andrew Zabrovsky was quoted in the National Post on Thursday, May 8, 2014 in an article entitled, “Employers need to be more flexible when work schedules conflict with childcare arrangements, court rules“. The article discusses the Federal Court of Appeal’s ruling to uphold its decision in Canada (Attorney General) v. Johnstone regarding an employer’s…
Andrew Zabrovsky Discusses Family Status Protections on Global News
Hicks Morley’s Andrew Zabrovsky has was interviewed by Global News on Thursday, May 8, 2014 on workplace accommodations in light of the Federal Court of Appeal’s recent ruling to uphold its Canada (Attorney General) v. Johnstone decision. In Global News‘ video and accompanying article entitled “Court says employers must try to accommodate parents child-care obligations”…
Federal Court of Appeal Upholds Johnstone, Clarifies Nature and Scope of Family Status Protections
On May 2, 2014, the Federal Court of Appeal unanimously upheld the findings of the Federal Court concerning an employer’s obligation to provide workplace accommodation for an employee’s childcare needs in Canada (Attorney General) v. Johnstone (“Johnstone“), a case that has garnered significant media attention. As the first decision from an appellate-level court on this…
2014 Winter Edition
FOCUS ON SOCIAL SERVICES Balancing interests – legal challenges in the social services sector LEGAL DEVELOPMENTS The changing status of family status Workplace investigations: avoiding common pitfalls PROFILE Class act Download PDF
Application of “Family Status” Considered by the Canadian Human Rights Tribunal
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…
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…
Reaching Out – Fourth Edition
Dear Friends, It is that time of year again, and after a summer hiatus and a relatively warm fall there is no doubt the air now feels a little crisper and autumn is in full swing. This weekend we gain an extra hour (theoretically at least) as the clocks fall back and it is our…
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…