Human Rights Lawyer Toronto | 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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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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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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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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Investigating Workplace Harassment Complaints: Get Ready for Changes to the OHSA

Doug MacLeod — Tue, 26 Jul 2016 11:20:11 +0000

“Bob is harassing me.” Your spidey senses should be tingling. Because some kind of investigation should be taking place soon. If not, consider what happened when an employee at CBC complained about Jian Ghomeshi and was ignored or when an employee at the TO2015 Pan American games complained about David Peterson and her complaint was allegedly not taken seriously. Immediately after you are told…

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Restaurant who refuses to serve customer with a service dog ordered to pay $ 2500 in general damages

Doug MacLeod — Tue, 31 May 2016 13:59:36 +0000

Obligations to Train Employees On Human Rights Issues We often represent employers and employees who have human rights issues. It is a rather complex area of the law, especially cases involving individuals with disabilities. For more blogs on the rights of disabled employees, click here. An employer has obligations towards disabled employees under the Ontario Human Rights Code (the “Code”) and the…

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