Admission of Discrimination Not Required for Settlement
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.
An Employee With a 14 Year Absence Reinstated With Full...
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.
Labour Arbitration: When are Damages in Lieu of Reinstatement an...
In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.
Employer Liable for Remainder of Fixed Term Employment Contract
A new decision from the Ontario Court of Appeal shows the potential downside of fixed term employment contracts for employers and the importance of proper drafting.
Employer’s Denial of Request for Summer Off, a Breach of...
Family status cases continue to work through human rights tribunals across the country.
Breastfeeding and the Duty to Accommodate: Federal Court of Appeal...
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.
Beware of the One Month Per Year of Service “Rule”:...
There continues to be a seemingly never-ending stream of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.
Can’t Afford to Keep Them, Can’t Afford to Fire Them:...
Employee salaries and benefits can be some of the greatest costs borne by a business. As a result, when a company faces financial hardship, they will often terminate positions to reduce their costs.
Notice Periods for Without Cause Terminations
In the absence of an employment agreement that expressly sets out a notice period upon termination, employees who are terminated without just cause are entitled to a notice period or pay in lieu of notice from their employers in accordance with the common law.
#familystatus: a Top Trend in 2015 Canadian Employment Law
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.