Tag: Human Rights Code

Human Rights Tribunal Confirms Statutory Review of Benefit Decision Does Not Constitute New Act of Discrimination

· 4 min read

In the recent decision Yu v. Workplace Safety and Insurance Board, the Human Rights Tribunal of Ontario (Tribunal) provided important clarification on the distinction between continuing discriminatory acts and the ongoing effects of past discrimination. The decision offers valuable guidance for employers and administrative bodies on when subsequent reviews of past decisions can constitute fresh…

Human Rights Tribunal of Ontario Seeks Input on Important Process Changes

· 1 min read

The Human Rights Tribunal of Ontario (HRTO) recently announced it is seeking feedback on important changes it suggests are designed to streamline its process. The key proposed changes are as follows: Feedback on these proposed changes can be provided until November 22, 2024 by sending an email to HRTO.registrar@ontario.ca with the subject line “HRTO Consultation.”…

Request for Volunteer to Remove Rainbow Sticker from Name Badge Not Discriminatory, Says Human Rights Tribunal of Ontario

· 3 min read

In an important decision for employers, the Human Rights Tribunal of Ontario (Tribunal) confirmed that distinction does not necessarily amount to discrimination. In Zanette v. Ottawa Chamber Music Society, the Tribunal held that the Ottawa Chamber Music Society’s request that a volunteer usher (Zanette) remove a rainbow sticker from his name badge did not constitute…

Comedy and Satire: Human Rights Considerations in the Writing Room

· 4 min read

While all companies have an obligation to prevent against workplace harassment and discrimination, those in the entertainment industry face a particular challenge. In some cases, the nature of the conversations and circumstances that workers may be engaged in could, in other work environments, be considered offensive or objectionable. As the cases discussed below illustrate, the…

Arbitrator Concludes Grievor’s Sincere Religious Beliefs Did Not Prevent Her From Complying with Employer’s COVID-19 Policy

· 5 min read

In Oxford County v. Canadian Union of Public Employees, Local 1146, Arbitrator Brian Sheehan determined that the grievor, who refused, on the basis of her religion, to undergo rapid antigen testing in accordance with the employer’s COVID-19 policy, had not established that she had been improperly discriminated against on the basis of creed. This is…

Human Rights Tribunal of Ontario Confirms Childcare Preferences Do Not Trump Employer’s Scheduling Needs

· 6 min read

In Aguele v. Family Options Inc., the Human Rights Tribunal of Ontario (HRTO) confirmed that the duty to accommodate in the context of a family status accommodation scheduling request is not unlimited. An employee has an obligation to accept accommodation that is reasonable in the circumstances, failing which an employer’s accommodation obligation is discharged. This…

Human Rights Tribunal of Ontario Awards Applicant $180,000 as Compensation for Injury to Dignity, Feelings and Self-Respect

· 2 min read

In the recent decision of L.N. v. Ray Daniel Salon & Spa, the Human Rights Tribunal of Ontario (Tribunal) awarded an applicant $180,000 in damages for injury to dignity, feelings and self-respect. In this case, the applicant was a recently arrived refugee to Canada. She had not yet received her work permit when she started…

2023 in Review – Key Legislative Updates

· 10 min read

Last week we published “The Year in Review – 2023 Cases of Note.” This week we are back with our review of notable legislative updates from 2023 that we believe will be of interest to employers, human resources professionals and pension plan administrators. We also identify some legislation to watch for in 2024. Ontario Employment…

Beyond COVID-19: 2022 Year in Review – Cases and Legislation of Note

· 21 min read

Employers and human resource professionals will undoubtedly remember 2022 as another year shaped by the pandemic.

But…there were also legal developments in 2022 that were not related to COVID-19. In this FTR Now, we look at some of the past year’s notable “non-pandemic” cases and legislative developments.