Human Rights Lawyer Barrie | MacLeod Law Firm

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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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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Discrimination: Job Refused Because You Are Not a Citizen?

Hina Ghaus — Tue, 25 Sep 2018 17:04:51 +0000

Discrimination: Job Refused Because You Are Not a Citizen? Have you ever been denied a job interview or a position based on your citizenship status? Some employers have attempted to develop pre-employment requirements and policies to deal with the tension between devoting time and resources to new employees and hiring someone who may be temporary. A recent decision from the Human Rights Tribunal…

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Sexual Harassment at Home: What Can You Do About an Inappropriate Landlord

Nicole Simes — Tue, 26 Sep 2017 15:00:43 +0000

Trigger Waring: this blog contains content about sexual harassment and violence Rental housing and accommodation is a protected social area under the Human Rights Code in Ontario. That means that you should not be subjected to sexual harassment or discrimination by the owner, superintendent, or landlord of your rental housing. However, in a recent decision the Human Rights Tribunal of Ontario…

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Getting terminated during a medical leave

Nadia Halum — Fri, 11 Aug 2017 14:00:26 +0000

Generally speaking, if an employee is terminated without just cause they are entitled to receive “reasonable notice” of termination unless they have agreed to accept a specific amount of notice of termination. An employer can provide working notice or termination pay in lieu of this notice. What happens when an employer provides working notice of termination and the employee cannot work due to…

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Your Rights as a Disabled Employee

Doug MacLeod — Mon, 13 Mar 2017 20:56:16 +0000

Employers have additional obligations towards disabled employees. In addition to rights under Ontario’s Human Rights Code, the Accessibility for Ontarians with Disabilities Act & the Workplace Safety & Insurance Act, Ontario’s courts and administrative tribunals have awarded disabled employees special damages for shoddy treatment. If you have been disabled at work then you have numerous rights…

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Do You Have Human Rights Protection in Public Spaces?

Nicole Simes — Wed, 05 Oct 2016 17:07:20 +0000

Racial slurs and other discriminatory comments continue to occur between members of the public. But when they happen within businesses or municipal spaces, there may be a human rights claim. This issue was recently addressed in a decision of the Human Rights Tribunal of Ontario (“the Tribunal”). The Case In Josephs v. Toronto (City), Mr. Josephs was accessing the services of the City of Toronto…

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Disability Insurance and the Uncooperative Employee

Doug MacLeod — Wed, 13 Apr 2016 14:00:13 +0000

Do you have an employee who is absent because of a medical issue, but will not provide the necessary paperwork to a third-party disability insurance provider? We often get calls from frustrated employers who are unsure how to proceed when such a situation arises. A 2015 case from the Ontario Superior Court offers employers some direction. Betts v IBM Canada Ltd., 2015 ONSC 5298 Mr.

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Are Repeated Compliments Sexual Harassment?

Nicole Simes — Tue, 19 Jan 2016 15:31:28 +0000

Despite increased media attention to the issue, sexual harassment and sexual assault continue to occur in the workplace. In a recent decision, the Human Rights Tribunal of Ontario addressed the problem of unwanted compliments and touching in a real estate brokerage. The Case In v. Seller’s Choice Stockdale Realty Ltd., the applicant was a self-employed commission salesperson who worked under the…

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A “virtual slave” through sexual harassment and violence only awarded $50,000 as general damages

Nicole Simes — Tue, 21 Apr 2015 19:04:02 +0000

In a recent decision, PN v. MR and FR the British Columbia Human Rights Tribunal (“the Tribunal”), heard an appalling description of sexual harassment and physical violence and other humiliating and degrading treatment of a domestic care worker by her employers. The employee, PN, a young Filipino woman, began her employment as a housekeeper and caregiver for her employers in Hong Kong.

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