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.
The recent arbitration decision, Unifor, Local 2001 NB v Old Dutch Foods Ltd, 2016 CanLII 61672 (NB LA) Arbitrator Doucet addresses the emerging topic of managing medical marijuana in the workplace, combined with searches of personal employee property.
A recent labour arbitration decision out of Newfoundland and Labrador considers the obligation of employees to disclose medical marijuana use in safety-sensitive workplaces.
The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick (Justice and Public Safety), 2016 CanLII 50052 (NB LA) (July 28, 2016) highlights the dangers in failing to confront employee “bad” behaviour and being lax with policy enforcement and training.
Accommodating the extended absence of an employee who is off work due to illness or disability can be a difficult task for employers.
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.
Family status cases continue to work through human rights tribunals across the country.
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.