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Lee Partridge worked originally as a dental hygienist for the Botony Dental Corporation and later as its office manager before she was fired following her return from a maternity leave in 2011. She sued Botony for wrongful dismissal and for breach of both the Employment Standards Act, 2000 and the Ontario Human Rights Code. In
As workplaces become increasingly diverse, claims of “conflicting rights” appear to be on the rise as well. Often when there is a conflict of rights, one of the conflicting claims is grounded in creed – where an employee raises a religious objection to performing a particular job-related function. For example, many people recall the 2012
We often hear from clients and participants in our training courses that they have difficulty determining whether discrimination has occurred at the conclusion of their investigations. A recent decision of the Human Rights Tribunal of Ontario succinctly articulates the test for discrimination and demonstrates its application. In Pieters v. Toronto Police Services Board (2014 HRTO
When I’m conducting training sessions on human rights and respect at work, I predictably talk about how people can be found liable for breaching the Human Rights Code even if they didn’t intend to offend. Someone will usually then ask whether that means that anyone can complain about behaviour that they find offensive, even if
If, like me, you estimate that you’ve heard this holiday tune about a million times, then you have probably wondered on more than one occasion, what kind of gifts are these? A partridge? I don’t care that it comes with a pear tree. Hens? Geese? I mean, other than the five golden rings (to which
When an employee requires accommodation following an injury or onset of a disability, an employer is often unsure where to draw the line in their communications and interactions with the employee. Accommodation is a collaborative process and it is important that the employer receives information and cooperation from the employee. At the same time, employees
In a case reported by the CBC last week, a Yellowknife woman said that she was distraught after a detailed report about her mental health was released to her employer. The woman has a mental illness and agreed to a psychiatric assessment because she was seeking various workplace accommodations. She says that she never agreed
Occasionally I am asked to conduct investigations in remote parts of the country. Through discussions with the client, it is typically agreed that I will travel to one of their regional offices in order to conduct a number of the interviews in person. As I will only be making one trip, it is always important
