Blog
You Only Know What You Know
Another case out of the Human Rights Tribunal that reinforces some important accommodation principles. The case is Huffman v. Mitchell Plastics (a division of Ultra Manufacturing Ltd.). The applicant alleged that the employer failed to accommodate his disability (alcoholism). The issue in dispute was whether or not the employer knew or ought to have known [...]
Delay in Human Rights Applications Revisited
The Ontario Human Rights Code was amended effective June 30, 2008. One of the more controversial amendments provided that all new human rights applications had to be filed with the Ontario Human Rights Tribunal, and not the Ontario Human Rights Commission. With this amendment, applicants now had a direct right of access to the Tribunal and applications did not wind [...]
Arbitrary, discriminatory or in bad faith? What’s it mean?
The Ontario Labour Relations Act, 1995 provides that an employee can bring a complaint against their union where they believe that the union has failed in their duty to fairly represent them (hence, a duty of fair representation (“DFR”) complaint). Section 74 of the Act provides: A trade union or council of trade unions, so long [...]
Quantifying Intangible Losses under the Human Rights Code
The Ontario Human Rights Tribunal released a decision this week in which it found that the employer had discriminated against the employee when it terminated her employment. Specifically, the Tribunal found that it was “more likely than not that the applicant …. was dismissed because of her sex”. The Tribunal, in discussing the appropriate remedy, considered [...]
Appropriate Forum Issues in Employment Law
Whether Ontario courts have jurisdiction to entertain a claim is an issue that comes up from time to time in employment law even when the employee and employer agree in their written contract that Ontario law applies to the contract. I’ve written about this in 2004 at my blog (Thoughts from a Management Lawyer at [...]
Recognizing our own Conflicts of Interests
Is there a conflict of interest inherent when billing clients “by the hour”? In 2007 author and lawyer Scott Turrow wrote a piece aptly called The Billable Hour Must Die in the ABA Journal that was instrumental in helping me along the path that led me to found Watershed LLP. Mr. Turow observes: But at the end [...]
Employee Handbooks – Taking an Innovative Approach
From time to time we’re called upon to work with clients to put together employee handbooks or review their current handbook. When you get right down to it, an employee handbook is intended to convey information to new and existing employees about the company and its policies. When done right, it also communicates a feel [...]
Multiple Penalties at Arbitration
The issue of double-penalty (or multiple-penalty) in a unionized workplace has received some attention of late and arises out of the fallout from the G20 riots. According to this report from the Toronto Star: The Toronto police board has taken the unprecedented step of refusing to promote nine officers who were disciplined for removing their [...]
Dismissing Human Rights Applications Against Franchisors
Applicants will typically name the franchisee and franchisor in an Application alleging discrimination under the Human Rights Tribunal even where the alleged incident giving rise to the discrimination took place at the franchised operation that was owned and operated by an independent company. This often falls into the shotgun approach to litigation and is sometimes [...]
Fines by Unions Against their Members
A Saskatchewan Court has upheld a union’s right under The Trade Union Act to impose a fine on one of its members arising from her decision to continue to work while her union was on a lawful strike. The Act provides that the fine assessed will not exceed the employee’s net earnings during the strike and the union [...]