A recent decision by a Nova Scotia Human Rights Board of Inquiry in Yuille v Nova Scotia Health Authority, 2017 CanLII 17201 (NS HRC), offers another reminder of the expansive nature of the duty to accommodate and sets out specific limitations on that duty in case of prospective employees.
1. Workplace Safety If it wasn’t already clear, the wave of allegations that have had swept through the film industry and political sphere have demonstrated that sexual harassment and assault is a serious and prevalent workplace problem in our society. Under occupational health and safety legislation, it is the responsibility of the employer to furnish […]
A recent New Brunswick Labour Adjudication decision addressed the sensitive issue of terminating permanently disabled employees on long-term disability leave (“LTD”).
Yes, it’s 2017, but gender discrimination continues to persist in many workplaces. Discrimination in employment on the basis of gender is contrary to human rights legislation and leaves an employer vulnerable to liability for its wrongful conduct.
Misetich v Value Village Stores Inc., 2016 HRTO 1229 (“Misetich”), a recent decision from the Human Rights Tribunal of Ontario (the “Tribunal”) that considered an employee’s eldercare responsibilities, casts doubt on the correct legal test to be applied in cases of family status discrimination.
This year, a Nova Scotia Human Rights Board of Inquiry issued a highly publicized decision on racial profiling. In the case, the Board concluded that a woman had discriminated against on the basis of her race and/or colour when wrongfully accused of shoplifting at a grocery store.
A recent labour arbitration decision out of Ontario considers an employer’s obligation to protect its employees from harassment via an employer’s presence on social media.
Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.
Under the Nova Scotia Human Rights framework, a Board of Inquiry must approve any settlement reached after a complaint is referred to a hearing before the Board.
In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.