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.

Supreme Court of Canada to Consider Jurisdictional Issue Involving Human Rights Complaint Arising in Unionized Workplace

On February 27, 2020, the Supreme Court of Canada granted leave to appeal from a decision of the Manitoba Court of Appeal, Northern Regional Health Authority v Manitoba Human Rights Commission et al, that found a human rights adjudicator had jurisdiction to hear complaints of discrimination where the workplace was governed by a collective agreement….

HRTO Orders Significant Remedies in Ontario Midwives Case

In Association of Ontario Midwives v. Ontario (Health and Long-Term Care), the Human Rights Tribunal of Ontario (HRTO) affirmed that those who set compensation rates may be required to take proactive steps to ensure that sex-segregated workers are compensated in a way that is free of sex-based discrimination. It ordered, among other things, that the…

Advantage CPD: At Your Service – Addressing Service-Based Human Rights Complaints in the Social Services Sector

Given social services agencies’ mandates, employees are constantly interacting with the public and others members of the community in delivering services, support and programs. With service-based human rights tribunal applications becoming more and more common, it is increasingly necessary that organizations in this sector be able to quickly respond to such complaints should they occur – and ideally prevent claims from arising in the first place.

Workplace Investigation Training Workshop

This workshop focuses on essential investigation skills required by HR Professionals who are charged with investigating workplace incidents including: workplace harassment and violence complaints, discrimination and harassment complaints under the Human Rights Code, employee misconduct, such as suspected sick leave abuse or time theft, health and safety complaints.

B.C. Tribunal Finds that Reduced Benefits for Employees Over Age 65 under Employer’s Benefit Plan is not Discriminatory

The British Columbia Human Rights Tribunal (Tribunal) recently held that the decision to provide reduced benefits to employees over age 65 under an employer-sponsored benefit plan is not discrimination under the British Columbia Human Rights Code (Code) if the reduced benefits are provided as part of a “bona fide group or employee insurance plan” within…

OMHRA Fall 2019 ECHO Newsletter Features Articles Authored by Amanda Cohen and Jessica Toldo

The Fall 2019 issue of OMHRA’s ECHO newsletter features two articles authored by Amanda Cohen and Jessica Toldo. In the article “Divisional Court Reaffirms the Orillia Hospital Test for Accommodation,” the authors discuss a recent decision by the Ontario Divisional Court which quashed the decisions of the Arbitrator in a workplace accommodation related case.