Posts

Family Status Discrimination - A Legal Analysis

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In this post, we'll talk about Ontario cases , Federal cases and Human Rights Tribunal decisions regarding family status discrimination . Continue reading to learn more. Topics Will be Covered in This Post: Human Rights Code Protections in Related to Martial Status and Family Status The Misetich Approach Misetich v. Value Village Stores Inc. , 2016 HRTO 1229 Espinoza v. The Napanee Beaver Limited , 2021 HRTO 68 The Johnstone Test What Is a Legal Obligation Versus Personal Choice? Duty to Care for Your Child Duty to Care for Elderly Cases Involving Family Status Discrimination in Related to Child Care Canada (Attorney General) v. Johnstone , 2014 FCA 110 Partridge v. Botony Dental Corporation , 2015 ONCA 836 Henderson v. Marquest Asset Management Inc. , 2010 CanLII 34120 (ON LRB) Cases Involving Family Status Discrimination in Related to Elder Care Devaney v. ZRV Holdings Limited , 2012 HRTO 1590 Canada (Attorney General) v. Hicks , 2015 FC 599 Ca...

Non-Compete Agreement No Longer Legal Under Bill 27: Working for Workers Act, 2021

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Many changes to the employment law are coming after Bill 27 came into force late 2021 . We'll discuss the most important amendments under Bill 27 in this blog post. Topics Will be Covered in This Post: What is Working for Workers Act, 2021 ? Prohibition On Non-Compete Agreements Exceptions to the Prohibition against non-compete agreements Caveats Related to the Working for Workers Act, 202 1 "Disconnecting From Work" Policies Temporary Help Agency and Recruiter Licence Conclusion 1. What is Working for Workers Act, 2021 ? Bill 27: Working for Workers Act, 2021 was introduced in late October 2021, and received Royal Assent on December 2, 2021. The key highlight of the Working for Workers Act, 2021 is 1) prohibitions on the use of non-compete obligations in employment agreements; 2) requiring employers with 25 or more employees in Ontario to develop a "disconnecting from work" policies ; 3) prohibitions on temporary help agency or ...

Age Discrimination vs. Bona Fide Occupational Requirement (BFOR)

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In this post, we'll talk about Ontario cases and Human Rights Tribunal decisions regarding age discrimination . Continue reading to learn more. Topics Will be Covered in This Post: What is Age Discrimination? How to Prove Age Discrimination Summary Hearing Example for Bullying and Harassment Claims Age Discrimination in Termination Bona Fide Occupational Requirement Conclusion 1. What is Age Discrimination? The Ontario Human Rights Code (the “Code”) prohibit workplace discrimination . However, the Code does not prohibit general bullying and workplace harassment . A successful claim of workplace discrimination at the Human Rights Tribunal of Ontario (“HRTO”) requires an applicant (i.e. the victim of the workplace discrimination ) show that one of the prohibited grounds of the Code was a factor in the bullying and harassment (i.e. race, age, sex, disability, etc.). In determining whether a case of workplace discrimination can be successful made out at the ...

Legal Analysis of Mandatory Vaccine Policy and Antigen Testing Amid Covid-19

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In this post, we'll talk about recent cases and arbitration decisions regarding mandatory vaccine policy and antigen test . Continue reading to learn more. Topics Will be Covered in This Post: Mandatory Antigen Testing Mandatory Vaccination Policy Ontario Human Rights Commission Policy Statement Regarding COVID Vaccination Conclusion 1. Mandatory Antigen Testing Antigen testing is a hot topic recently as many companies are mandating antigen testing at the workplace. The impact of a workplace policy on worker rights must be weighed in the balance against the actual benefit to the employer of that policy. The protected right in COVID related antigen testing cases is privacy , including the dignity and bodily integrity interests that each of us has in Canada . Arbitrator Gedalof recently noted in an arbitration between workers and employers at 2021 CanLII 65284 (ON LA) at para. 105 that: The Courts have repeatedly recognized that invasions of privacy give rise ...