The Human Rights Tribunal of Ontario (Tribunal) has determined that it has concurrent jurisdiction to decide claims of discrimination and harassment falling within the scope of a collective agreement governed by the Labour Relations Act (LRA) and the Police Services Act (PSA). The decision addresses a significant question of law arising from the 2021 decision…
Tag: Human Rights Code
Benefits After 65: Arbitrator Dismisses Grievance Challenging Age 65 LTD Cut-off but Awards Life Insurance Coverage Based on Collective Agreement
An Ontario labour arbitrator has upheld a grievance challenging the reduction of life insurance coverage for employees who die after having reached age 65, finding that the relevant provision of the insurance policy had not been incorporated into the collective agreement. In the same decision, the arbitrator dismissed two policy grievances challenging the termination of…
Ontario Court of Appeal Upholds Human Rights Tribunal Decision Concerning Gender Discrimination in Compensation Practices for Ontario Midwives
In Ontario (Health) v. Association of Ontario Midwives, the Ontario Court of Appeal dismissed an appeal by the Ministry of Health and Long-Term Care (Ministry), upholding the finding of the Human Rights Tribunal of Ontario (Tribunal) that the Ministry engaged in gender discrimination in compensation setting practices for midwives. In this Case in Point,…
HRTO Finds Availability of Different Remedies under a Different Proceeding not Determinative of Whether Substance of HRTO Application had been Appropriately Dealt With
In Green v National Steel Car Ltd., the Human Rights Tribunal Ontario (HRTO) found that the Workplace Safety and Insurance Appeals Tribunal (WSIAT) has the direct authority to apply the Human Rights Code (Code) and to determine the appropriate accommodation of medical restrictions. The application before the HRTO on the same issue, therefore, had been…
Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccination
On September 22, 2021, the Ontario Human Rights Commission (OHRC) released “OHRC policy statement on COVID-19 vaccine mandates and proof of vaccine certificates” (Policy). The Policy sets out the OHRC’s position on a number of issues related to the government requirement that, starting September 22, 2021, Ontarians will need to be fully vaccinated and provide…
Divisional Court Finds “Permanent Residence” Not a Protected Ground under Ontario Human Rights Code
In the recently released decision of Imperial Oil Limited v. Haseeb, a majority of the Divisional Court (Court) quashed a decision of the Human Rights Tribunal of Ontario (Tribunal) which treated “permanent residence” as intrinsically included in the protected ground of “citizenship.” The majority held that such an expansion to the ground of “citizenship” was…
Reaching Out – Fifteenth Edition
Dear Friends, We are back with another edition of Reaching Out. With 2020 behind us and some light at the end of the COVID-19 pandemic tunnel, we thought it appropriate to reconnect with our Social Services clients with a Spring edition of Reaching Out. We chose not to publish Reaching Out last year as we…
The Divisional Court Affirms Employers May Face Substantial Penalties for Failing to Respond to Sex Discrimination and Gender Pay Inequity
In its recent decision Ontario v Association of Ontario Midwives, the Ontario Divisional Court upheld two decisions of the Human Rights Tribunal of Ontario pertaining to sex discrimination and pay equity, reaffirming that employers have an obligation to take proactive steps to ensure that sex-segregated workers are compensated free from sex discrimination and that a…
The Latest Updates for School Boards Before the Summer
As the 2019 – 2020 school year draws to a close, it would be an understatement to say that the year did not go as expected. From the hurried transition to online learning to the ongoing adjustment to the “new normal” of synchronous learning, we know that our clients have successfully navigated unprecedented and difficult challenges – and that there will be more to come.
Employees Who Continue to Work from Home – Practical Considerations for Employers
As provinces begin to roll out reopening plans for non-essential businesses, the logistical challenges of implementing social distancing in some workplaces mean that many employees will continue to work from home for the foreseeable future. As companies consider which employees will be asked to return to the workplace, and when, the legal considerations and risks associated with work from home arrangements should be taken into account.