In a recent decision, the Human Rights Tribunal of Ontario (Tribunal) found that the Applicant, who had suffered a miscarriage, had a disability within the meaning of the Human Rights Code (Code). While this decision has garnered much attention in the media, its potential significance for employers going forward may not result from the particular…
Tag: Human Rights Tribunal
Ontario Bar Association (OBA) Labour and Employment Law Section Program
Co-Chair Jodi Gallagher-Healy Topic Practice Makes Perfect: Becoming a Better Labour Advocate
Guelph and District HRPA Labour & Employment Law Breakfast Seminar
Topic Tips, Tools and Techniques for the HR Professional in 2012 and Beyond
Human Rights Update 2015
Materials Agenda With human rights-related litigation and Applications at the Human Rights Tribunal of Ontario on the rise, employers and service providers alike must be prepared to address and manage these increasingly complex and critical issues within their organizations. From harassment and accommodation, to attendance management and benefits, human rights issues can impact a broad…
After Keewatin: The Use of Exclusions
Overview In a recent case, the Human Rights Tribunal of Ontario served clear notice that excluding a student under s. 265(m) of the Education Act, because of behavioural issues arising from the student’s disability, must not offend human rights principles. In R.B. v. Keewatin Patricia District School Board, the Tribunal found that the exclusion of…
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 Affirms Its Primary Function is to Determine Whether Code Breached
An offer of monetary compensation by an employer to end a proceeding before the Human Rights Tribunal of Ontario was rejected by the Tribunal. While the Tribunal noted that it would be expeditious to stop the hearing on the basis of this offer, it would neither be fair nor just: the applicant had not agreed…
HRTO Hearing to Proceed Despite Monetary Offer of Compensation by Respondent
In Sears v. Honda of Canada Mfg., an interim decision of the Human Rights Tribunal of Ontario (“HRTO”), the HRTO rejected a respondent employer’s proposal that it pay the applicant the monetary compensation sought and that the HRTO then decline to hear the matter further as doing so would serve no useful purpose. The applicant…
Human Rights Tribunal is not a Judicial Review Body
The Supreme Court of Canada has issued a significant decision limiting the jurisdiction of a human rights tribunal to consider matters that have already been dealt with in another proceeding. In British Columbia (Workers’ Compensation Board) v. Figliola, the Supreme Court considered whether the British Columbia Human Rights Tribunal had jurisdiction to hear a matter that…
2011 Summer Issue
FOCUS ON THE FEDERAL SECTOR Federal expertise LEGAL DEVELOPMENTS Pension reform – HR opportunities and challenges The ongoing evolution of privacy rights PROFILE Continuing education Download PDF