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Oct 25, 2018

By Angela Wiggins

Clearing the Smoke: Bill 36 and OHRC Policy Statement provide further direction on managing legalized cannabis

When October 17, 2018 rolled around many employers were still questioning what the rules were around legalized marijuana. A week after the fact, th...

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Aug 2, 2018

By Cristina Tomaino

Tribunal Cautions Employers Against “Citizenship” Discrimination in Hiring

A recent interim decision from the Human Rights Tribunal of Ontario (the “Tribunal”) is an important caution for employers who distingu...

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Jul 26, 2018

By Kelsey Orth

SOMETIMES A FULL AND FINAL RELEASE IS JUST THAT: MANITOBA HUMAN RIGHTS COMMISSION DENIES COMPLAINT ON BASIS OF SIGNED RELEASE

You have read in this space about recent cases where the language and enforceability of an executed Release has been called into question, includin...

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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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Jan 4, 2018

2017 In Review: A Look Back At The Top Cases And Key Legislative Changes That Impacted Your Workplace

With major legislative amendments made to the Employment Standards Act, Labour Relations Act, Occupational Health and Safety Act, Workplace Safety ...

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Dec 28, 2017

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

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

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

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

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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