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May 24, 2018

By Angela Wiggins

BREAKING NEWS: Section 25(2.1) of the Ontario Human Rights Code Unconstitutional says Tribunal! Right to Terminate Group Benefits at 65 Successfully Challenged

Are you an employer with a benefit plan that terminates for workers who are 65 and older? If yes, you should be taking note of the Human Rights Tri...

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May 7, 2018

By Susan Crawford

Tribunal Shows “Zero Tolerance” to Employee Fired for Smoking Medical Marijuana on 37th Floor Swing Stage

With the impending legalization of marijuana and a rise in the number of people using medical marijuana to treat any number of ailments, employers ...

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Mar 1, 2018

By Kelsey Orth

Supreme Court of Canada Affirms that Employers have a Distinct Obligation to Consider the Duty to Accommodate Separate from Other Legislative Requirements

Last month the Supreme Court of Canada released its decision in the case of Quebec (Commission des normes, de l’équité, de la...

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Dec 28, 2017

By Brian Silva

Employees May Bring Discrimination Complaints Against the Employees of a Different Employer, says Canada’s Highest Court

In a recent decision, Canada’s highest court reminded employers that human rights legislation is to be interpreted very broadly. So broadly, ...

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Oct 12, 2017

By Mike MacLellan

Bad Medicine: Arbitrator Upholds Termination of Drug-Addicted Nurse

An Ontario arbitrator has upheld the termination of a nurse, “SM”, on the basis that she was stealing narcotic drugs from her employer ...

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Sep 21, 2017

By Shreya Patel

Employers - Be Cautious When Dismissing Employees Where Ulterior Motives Involving Union Politics May Taint a Harassment Complaint

In a recent decision, Arbitrator Slotnick commended the employer for taking a hard line against sexual harassment but also criticized the employer ...

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Jun 22, 2017

Supreme Court Upholds Employee Termination and Substance Abuse Disclosure Policy

Employee drug use and on the job intoxication is one of the most difficult issues for employers to tackle, fraught with liability landmines.  ...

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Jun 15, 2017

By Mike MacLellan

Heads Up! Quebec Court Rules that Sikh Workers’ Human Rights were Not Violated by Mandatory Hard Hat Policy

Quebec Superior Court Justice André Prévost recently dismissed a claim by three Sikh men against their respective employers for refus...

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May 25, 2017

By Brian Silva

When Can an Employer Ask For A Second Medical Opinion When Accommodating A Disability? Ontario’s Divisional Court Weighs In

By now we all know that an employer has a duty to accommodate an employee with a disability to the point of undue hardship. However, we also know t...

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Oct 6, 2016

The Family Status Debate Continues - Ontario Human Rights Tribunal Proposes New Test

The Ontario Human Rights Tribunal has crafted yet another plot twist in the evolving legal test for family status discrimination. Over the past few...

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Sep 8, 2016

By Kelsey Orth

“Too Much” is Never Enough when Dignity Injured: B.C. Human Rights Tribunal’s Ground-breaking Award Restored by Court of Appeal

You may recall that CCPartners wrote in November of last year about a case making its way through the judicial review process in British Columbia.&...

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Aug 11, 2016

By Susan Crawford

Tribunal Finds Employee Failed to Meet Onus of Demonstrating Firing was Discriminatory

  A recent Ontario Human Rights Tribunal decision confirms that not every complaint of discrimination will find a sympathetic ear at the Trib...

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Jul 28, 2016

By Shreya Patel

Arbitrator Finds that Grievor’s Subjective Perception of Supervisor’s Conduct NOT Harassment

What is harassment?  Is it excluding employees from speaking at a meeting, criticizing for chewing gum and not saying good morning? Or does i...

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Jun 23, 2016

By Susan Crawford

Employee Reinstated with Nine Years Back Pay by Human Rights Tribunal Wins at Ontario Court of Appeal

CCPartners has previously blogged about the controversial and precedent-setting Tribunal decision in Fair v. Hamilton Wentworth District School Boa...

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May 26, 2016

By Brian Silva

Human Rights Panel Allows Employee to Take Entire Summer off Work to Care for Child with Disability

In a recent human rights decision, the Northwest Territories Human Rights Adjudication Panel (the “Panel”) pushed the boundary of what ...

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May 5, 2016

By Angela Wiggins

Proceed with Caution! Decision recognizing miscarriage as a disability provides guidance to employers on disability claims

Disability has long been a protected ground under the Ontario Human Rights Code, which requires employers to accommodate employees with a disabilit...

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Mar 10, 2016

By Mike MacLellan

In the Spirit of Partnership: Human Rights Tribunal Extends Protection to Law Firm’s Equity Partner

The Supreme Court of Canada already decided that an equity partner of a law firm in British Columbia was not entitled to protection under that pr...

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Feb 25, 2016

By Angela Wiggins

A Cautionary Tale of the Extent of the Duty to Accommodate when Employees Make Bad Work Neighbours

A recent case heard by the Public Service Labour Relations Board provided a reminder to employers that the duty to accommodate is not always sati...

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