Human Rights | 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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Non-Compliance with Mandatory COVID Vaccine Policies

Doug MacLeod — Tue, 19 Oct 2021 14:07:52 +0000

In the last month or two many (if not most) organizations have introduced a mandatory COVID vaccination or/or a COVID negative policy. A mandatory vaccination policy requires an employee to get double vaccinated, whereas a COVID negative policy requires an employee to regularly test negative for COVID. A mandatory COVID vaccine policy must exempt those who qualify for an exemption for medical…

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Paid Sick Leave? Sort of

MacLeod Law Firm — Tue, 13 Oct 2020 13:46:49 +0000

Paid Sick Leave? Sort of With the numbers of COVID-19 cases rising again, especially in the GTA, many employees are asking me as a Toronto employment lawyer what happens if they become sick and they are forced to stay home for 14 days. Following the end of the Canada Emergency Response Benefit, the federal government introduced three new benefits to address issues related to leave from work…

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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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Wrongful Dismissal Update: Ontario court reaffirms cap of 24 months reasonable notice unless exceptional circumstances exist

Doug MacLeod — Thu, 15 Aug 2019 15:16:18 +0000

Earlier this year, a trial judge concluded that a 62 year Senior Vice President who was terminated after 37 years service was entitled to 30 months notice of termination. In fact, the judge stated he would have awarded a 36 month notice period if asked. This case sent shock waves through the employment law community. Lucky for employers this case was appealed. The Ontario Court of Appeal…

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How to Quantify Damages for a Union Employee When Reinstatement is Inappropriate

MacLeod Law Firm — Wed, 06 Mar 2019 15:00:20 +0000

An arbitrator who upholds a grievance can reinstate the employee, or order the employer to pay the employee damages. In a 2018 arbitration case, Arbitrator Surdykowksi decided how to calculate damages for an employee who was not reinstated. Facts Dr. Bernard was a tenured professor in the History Department at Lakehead University (the “University”). Beginning in 2012…

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