Tag: Family Status

Appeal Court Upholds $20,000 Damages Award for Discrimination on the Basis of Family Status

· 2 min read

In this latest decision which considers discrimination on the basis of family status due to childcare issues, the Court of Appeal for Ontario upheld a trial judge’s finding that an appellant employer breached both the Employment Standards Act, 2000 (“ESA”) and the Human Rights Code (“Code”) when it terminated the employment of the respondent employee…

Is an Employer Required to Accommodate an Employee’s “Personal Choice” to Breastfeed?

· 4 min read

In Flatt v. Canada (Attorney General), a case that has garnered media attention, the Federal Court of Appeal upheld a decision that found an applicant who requested accommodation to breastfeed her child during working hours failed to meet the test for establishing prima facie discrimination. The Court held this request involved the applicant’s “personal choice” – not…

Federal Court Confirms “Family Status” Applies to Mother-in-Law

· 2 min read

In Canada (Attorney-General) v. Hicks, the Federal Court held that the Canadian Human Rights Tribunal (“CHRT”) did not err when it found that Human Resources and Services Development Canada (“HRSDC”) discriminated against Mr. Hicks in refusing to approve expenses associated with maintaining temporary dual residences after a relocation from Halifax to Ottawa. After Mr. Hicks…

Supreme Court of Canada On Pregnancy and Parental Leave Top-Ups

· 5 min read

The Supreme Court of Canada recently upheld a decision of a British Columbia arbitrator which had found that denying birth mothers entitlement to parental supplemental employment (“SEB” or “top-up”) benefits where they had received pregnancy SEB plan benefits was discriminatory. The issue before the arbitrator turned on an interpretation of the collective agreement in place…

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”…