Ontario Human Rights Tribunal

News & Analysis as of

OHSA duties did not require employer to issue public response to “smear campaign” against non-racialized jail employees:...

An adjudicator has held that the Occupational Health and Safety Act‘s “general duty” clause did not require an employer to issue a public response to a “smear campaign” by one employee and his lawyer against non-racialized...more

Sexist Comments in Blog Post by Union President not Discrimination “With Respect to Employment”

In Taylor-Baptiste v. Ontario Public Service Employees Union, the Ontario Court of Appeal was faced with the question of whether sexist and offensive posts on a blog created by a union member to discuss workplace issues...more

Duty to Accommodate Trumps Company Policy

Siblings 16-year-old H.T. and 14-year-old J.T. began working for ES Holdings Inc. o/a Country Herbs (Country Herbs) in April 2014. H.T. was responsible for packaging herbs, while J.T. made boxes into which herbs were placed...more

Creed and Association: Breach of Human Rights Leads to Harsh Penalties

The decision in H.T. v ES Holdings Inc. o/a Country Herbs (“Country Herbs”) 2015 HRTO 1067 (CanLII) (“Country Herbs”) serves as a reminder to employers of the significant liability that they face when a claim of...more

Reinstatement Available as a Remedy Nearly Ten Years After Last Day Worked

Although reinstatement in the Human Rights context is considered a unique and uncommon remedy, the Ontario Divisional Court recently refused an application for judicial review of a decision of the Ontario Human Rights...more

FIFA Women’s World Cup – Artificial Turf Dispute

In the lead up to the 2015 FIFA Women World’s Cup, which will be hosted by Canada (World Cup), a group of the world’s elite female football players (including the FIFA Women’s World Players of the Year for 2012 and 2013, Abby...more

The Ontario Human Rights Tribunal – Is There an Appetite For Costs Awards?

No client likes to have a human rights application brought against it before the Ontario Human Rights Tribunal. And no client is happy to hear that even if it is successful and fully exonerated, there is no real scope for...more

Employer asks HRTO for permission to access employer’s own “Occupational Health and Claims Management” file on employee

Must an employer obtain permission from the Human Rights Tribunal of Ontario to access medical records held in the employer’s own file on an employee who filed a human rights complaint with the Tribunal? That question is...more

The Duty to Accommodate Family Status (and Potentially Lifestyle Choices Too)

In an update last October (Accommodating Family Status – Needs vs. Preferences) we advised you that the Ontario Human Rights Tribunal established a new test for an employer’s duty to accommodate on the basis of family status...more

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