HRTO | MacLeod Law Firm

Justice for Unionized Employees

MacLeod Law Firm — Mon, 14 Nov 2022 14:46:31 +0000

Unionized employees often seek our advice regarding human rights issues in their workplace. Sometimes this is because human rights violations have occurred and the union is not assisting them. Other times, the union itself may be part of the problem. The rights of unionized employees are different from those of non-unionized employees. Generally, employees in a union are not able to sue their…

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Restaurant Owner Ordered to Pay over $ 40 000 for Refusing to Refer to an Employee as They/Them

Doug MacLeod — Tue, 14 Dec 2021 15:00:07 +0000

An employer cannot discriminate on the basis of gender identity. An employer is required to refer to an employee using the pronoun of the employee’s choice. Refusal to do so is a violation of the Ontario Human Rights Code (the “Code”). An employee can file a no cost, online complaint against the employer under the Code, and seek damages against the employer and the person who refuses to use the…

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Sexual Harassment Results in $85,000 Award

MacLeod Law Firm — Wed, 12 Aug 2020 14:47:04 +0000

Sexual Harassment Results in $85,000 Award The Human Rights Tribunal of Ontario (HRTO) recently released a decision about sexual harassment in the workplace that granted a significant award to the plaintiff. This precedent shows that adjudicators are issuing high awards in cases involving ongoing sexual assault and harassment. The Case: Sexual Harassment at work McWilliam v.

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Ontario Court of Appeal Upholds Decision to Reinstate Disabled Employee with 10 Years Back Pay: Will Human Rights Litigation Ever Be the Same Again?

Doug MacLeod — Wed, 15 Jun 2016 14:01:36 +0000

I predict a recent Ontario Court of Appeal (the “OCA”) decision will have a significant impact on human rights litigation. In particular, I suspect disabled employees will start asking employers to find or create alternative positions for them if they cannot perform their job duties because of a disability, and terminated employees will start asking adjudicators to reinstate them with full back…

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Ignoring the Ontario Human Rights Tribunal is a Very Bad Idea

Doug MacLeod — Wed, 10 Sep 2014 20:31:36 +0000

The Ontario Human Rights Tribunal (the Tribunal) can and does award significant damage awards against employers who decide to ignore a human right complaint. The Celtech Plastics case Take Celtech Plastics Ltd as an example. A former employee who was 68 years old and had 35 years service filed a complaint with the Tribunal after resigning his employment. He claimed his supervisor discriminated…

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Workplace Investigations: Some Dos and Don’ts

MacLeod Law Firm — Tue, 25 Feb 2014 14:52:44 +0000

Workplace Misconduct Complaints – “To Investigate or Not to Investigate, That is the Question” Most private sector employers are not required to investigate alleged employee misconduct. Even though there is no such requirement, we suggest that an employer investigate any alleged misconduct that it intends to rely on to prove “just cause”, or any alleged violation of the Ontario Human Rights Code…

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