Human Rights Code | MacLeod Law Firm

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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Refusing a Disabled Customer Access to Washroom Costs Restaurant $10,000

Doug MacLeod — Tue, 22 Sep 2020 13:29:20 +0000

The Facts A 23 year old woman was born with a physical disability. As a result, she uses forearm crutches to mobilize which helps her with stability. One day she planned to meet some friends at a restaurant. When she arrived, she asked a server to use the washroom which was located downstairs. Unbeknownst to her, earlier a heavily intoxicated customer of the restaurant had fallen down the…

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Workplace Bullying: Does My Employer Have To Intervene?

MacLeod Law Firm — Thu, 17 Sep 2020 20:48:03 +0000

Workplace Bullying: Does My Employer Have To Intervene? Have you experienced workplace bullying or harassment? Did you know that your employer has an obligation to investigate any complaint of bullying or harassment you make regardless of whether or not you file a formal complaint? In fact, simply stating that you are feeling attacked or bullied could trigger the employer’s duty to investigate.

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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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Human Rights Update: Employer ordered to pay about 6 months pay and $20,000 in general damages to a short-service employee for age discrimination

Doug MacLeod — Mon, 16 Mar 2020 16:55:18 +0000

A recent case is a cautionary tale for all employers who are thinking about not attending a hearing at the Human Rights Tribunal of Ontario. In this case, the employer did not attend the hearing or submit any documents or witness statements for the hearing. The Facts In February 2017, Toronto Singles, Inc. hired Susan Felton (the “Applicant”) who was almost 60 years old as a sales consultant…

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Arbitration Update: Employee with an Addiction Who Stole Narcotics is Reinstated

MacLeod Law Firm — Tue, 05 Feb 2019 18:52:31 +0000

In a 2019 arbitration case, a Registered Nurse who was terminated for stealing narcotics and falsifying records was ordered reinstated to her job at a nursing home and awarded compensation because the nurse had a disability. The nurse and her union acknowledged that the nurse’s actions were at the highest level of misconduct for someone in her position and amounted to just cause for termination.

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Doug’s Top 10 Employment Law Stories of 2018

Doug MacLeod — Thu, 27 Dec 2018 14:49:23 +0000

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of the year: 1. Bill 148 Bit the Dust Ontario’s Employment Standards Act received its last major update in 2000. During the last three years, the Liberal provincial government consulted widely and introduced comprehensive changes to this law by way of Bill 148. After this year’s spring election…

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Amendments to Increase Human Rights Protections for Ontarians

MacLeod Law Firm — Tue, 04 Dec 2018 15:23:05 +0000

Various members of the Ontario legislature are working to give additional human rights protections to Ontarians. Bill 35, the Human Rights Code Amendment Act, 2018 is a private member’s bill brought by Liberal MPP, Nathalie Des Rosiers. Whereas Progressive Conservative MPP, Christina Mita introduced Bill 40, the Human Rights Code Amendment Act (Genetic Characteristics), 2018…

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Arbitrator Finds Undue Hardship for Employer to Hire an Employee with a Medical Cannabis Prescription in a Safety-Sensitive Workplace

MacLeod Law Firm — Tue, 04 Dec 2018 14:43:40 +0000

With the recent legalization of recreational cannabis across Canada, employers are increasingly worried about its impact on safety-sensitive workplaces. Even though medical cannabis has been legal in Canada since 2001, similar concerns continue to exist about how to accommodate an employee where they hold a safety-sensitive position. In a 2018 arbitration decision, Arbitrator Roil dealt with this…

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Do you only hire workers who can work in Canada on a permanent basis?

Doug MacLeod — Tue, 25 Sep 2018 13:56:54 +0000

Imperial Oil Limited recently found out the hard way that imposing a Canadian citizen requirement as a job qualification can be a costly mistake. This case shows that the cost to respond to a human rights application filed by an unsuccessful job applicant can be significant even if a job applicant lies on his application form. The hearing in this case took 13 days. The Facts After graduating from…

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