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…
Tag: Family Status
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…
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…