Dear Friends, As we welcome back Spring, which finally seems to be taking hold, it presents an opportunity to do some spring cleaning and dust off common HR issues that bear review before we get too far into 2013. In the Spring edition of Reaching Out, Carolyn Cornford Greaves, an associate in our Toronto office…
Tag: Human Rights Code
HRTO Orders Reinstatement of Employee Who Was Terminated Almost a Decade Earlier
In a sweeping remedial decision, the Human Rights Tribunal of Ontario ordered reinstatement of a non-union employee who was terminated from her employment almost a decade earlier, as well as other remedies such as payment of back wages, as adjusted. In so ordering, the Tribunal explicitly stated that where an employer fails in its duty…
Workplace Equity Guide Publishes Article by Carolyn Cornford Greaves
Hicks Morley’s Carolyn Cornford Greaves authored an article for the March 2013 edition of Workplace Equity Guide. The article entitled, “HRTO Considers Allegations of Age Discrimination in Employer Hiring Practices” discusses a recent decision of the Human Rights Tribunal of Ontario that reaffirms that an employer’s decision not to interview or hire an older job…
HRTO Considers Whether University’s Response to Potentially Volatile Situation Was Discriminatory
The Human Rights Tribunal of Ontario recently provided helpful guidance for employers and educational institutions which are faced with potential unrest due to competing opinions or political views, the genesis of which might be one’s place of origin or ethnic origin. In the case at hand, which involved the removal by a university of controversial…
Pinto Report on Ontario Human Rights Review Released
On November 8, 2012, the Ontario government released the long-awaited “Report of the Ontario Human Rights Review 2012” (the “Report”), which reviews the changes made to the Ontario Human Rights Code (the “Code”) in 2008. Andrew Pinto, author of the Report, sets out several recommendations with respect to streamlining the existing system. This FTR Now…
Andrew Zabrovsky Quoted in Canadian Lawyer
Hicks Morley’s Andrew Zabrovsky was quoted in the August 2012 edition of Canadian Lawyer. In an article entitled “Straddling the line,” Andrew discusses the laws protecting obesity as a disability. He acknowledges that although obesity is a growing phenomenon in the workplace, obesity is not a protected ground under the human rights code and is…
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…
School Board Update
IN THIS ISSUE Arbitrator Provides Helpful Award in Ontario’s First TPA Discharge Arbitration Divisional Court Re-Affirms the Importance of Time Limits Pay Equity Remains a Priority Legal Issue for School Boards Accommodating Scent Sensitivities in the Workplace Ontario Human Rights Tribunal Endorses Employer Control Over Accommodation Process Integrated Accessibility Standards under the AODA OMERS Omissions…
Bill 168 – Assessing Students as Risks
The new provisions incorporated into the Occupational Health and Safety Act (“OHSA”) by Bill 168 came into force on June 15, 2010. These provisions make clear that colleges must take every precaution reasonable in the circumstances to protect their workers from workplace violence. In this bulletin, we focus on the college duty to manage the…
Human Rights Tribunal Upholds Mandatory Retirement at Age 60 for Firefighters
In an important decision issued December 18, 2008, the Human Rights Tribunal of Ontario has upheld a provision in a Collective Agreement which requires mandatory retirement at age 60 for firefighters. In the City of London decision, Adjudicator David A. Wright found that while the provision was prima facie discriminatory, it could be reasonably justified…