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.
So, you want to launch a business in Nova Scotia? Well, whether you want to disrupt the tech sector, break the Internet or brew some sour beer, you are going to need to understand what it means to be an employer subjected to a litany of employment laws.
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.
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.
Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers. However, the ability of parents to take maternity and/or paternity leave, and return to their employment, is a legislated right.
In Flatt v Canada (Attorney General), 2015 FCA 250 (CanLII), the Federal Court of Appeal (“FCA”) visited the issue of whether the decision to breastfeed one’s child is protected by human rights legislation.
Given its rise in popularity in Canadian employment law over the past year, it is only fitting that the subject of the last Employment and Labour publication for 2015 consider a recent decision relating to this evolving area of human rights law.
Early this year, the Ontario Human Rights Tribunal chartered into new territory when it awarded an employee $150,000 in damages for injury to dignity, feelings and self-respect that were caused by the employer’s egregious violation of the employee’s human rights.
Since 2012, the Nova Scotia Human Rights Commission has adopted a restorative approach as the first option in addressing human rights complaints. If a complaint is referred to a Board of Inquiry, parties have the option to either proceed to a traditional hearing, or agree to a Restorative Board of Inquiry process.