Gesundheit! An Employer’s Obligations to an Employee with Scent Hypersensitivity
Author: Erik Marshall What does a company have to do when an employee discloses that he or she has sensitivity to scents and/or fragrances in the workplace and requests accommodation? This was the question before the Human Rights Tribunal of...
Financial Hardship Did Not Justify Denial of Accommodation for Disability
The duty to accommodate can be one of the most perplexing (and vexing) issues faced by employers. The recent Supreme Court of Canada (“Court”) decision of Moore v. British Columbia (Education), provides some insight into the scope of the duty...
Circulation of Erotic Pictures in the Workplace: When the Righteous End Up Righted
A substitute teacher (“Plaintiff”) recently won her legal battle against a Québec school board that withdrew her name from the substitute teachers’ list, invoking erotic pictures of her taken some eight years earlier. The case Plaintiff was in her fourth...
Right to Work Legislation in Parliament
Has right to work legislation been introduced in Parliament? Not yet. However, the seed has been planted. In the fall of 2012, Mr. Pierre Poilievre, M.P. and Parliamentary Secretary to the Minister of Transport, issued a public letter expressing the view...
Conflicts of Interest: Avoiding Sticky Situations
As Toronto Mayor Rob Ford discovered the hard way, sometimes a conflict of interest is the end of the road (well, maybe). While Mayor Ford’s troubles didn’t relate to employment – he was found to have breached the Ontario Municipal...
Liability for Harassment of Transsexual Woman
Recent amendments to the Human Rights Code (Ontario) added to the protected grounds of discrimination both gender expression and gender identity. The recent decision of Vanderputten v. Seydaco Packaging Corp.,[1] while filed prior to the amendments, is instructive on the...
The defense of laches in grievance arbitration – The one who drags its feet may lose its right!
Author: Béatrice Arronis We have all been told at least once, “Sorry, you’re too late”. What if it was your turn to say it? It is well known that in the context of grievance arbitration, both unions and employers must...
Wage Differential a Continuing Contravention of the Code
Author: Robert Bell Usually, applicants under the Ontario Human Rights Code have one year to file an application after a discriminatory incident. However, when there is not one, but a series of incidents, the Tribunal may find that there has...
Buck stops with Director: Director jailed 90 days for repeatedly failing to pay wages
Author: Alex Heaslip A recent court ruling sends a clear message to directors: violate the Employment Standards Act, 2000 obligations and you may be sent to prison. Between March, 2007 and October, 2009, 61 employees from six companies operated by...
Common Pitfalls of Workplace Investigations
Conducting workplace investigations is an important but sometimes haphazard job of employers. Whether to address allegations of workplace misconduct or performance issues, employers need to approach complaints and investigations in a fair and objective manner. Conducting thorough workplace investigations is...
