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Firing Pregnant Worker After 8 Days’ Employment Proves Costly for Business Owner
Earlier this month, Vey Willetts LLP was successful at the Human Rights Tribunal of Ontario (“HRTO”) in securing an award of almost $40,000 against a corporate respondent (and its owner) for firing a pregnant employee after 8 days of employment.
ChatGPT and AI in the Workplace
ChatGPT (an artificial intelligence language generator financed by Microsoft) has captured the world’s attention. By inputting prompts in plain language, ChatGPT can do a seemingly endless series of tasks. Some are quite mundane – such as answering questions – while others could be revolutionary for automating common and labour-intensive work.
Understanding the Procedural Duty to Accommodate Disability
The duty to accommodate disability in the workplace has both procedural and substantive aspects. It is not enough for an employer to merely arrive at the right result; the process in getting there is equally important.
Smokers need not apply: can Ontario employers refuse to hire nicotine users?
As of February 1, 2020, U-Haul no longer hires nicotine users in 21 of the US states in which it operates. The company, which employs over 30,000 people across the US and Canada, announced this new policy late last year.
Coronavirus (COVID-19): What Ontario Employers Should Know
For the past two months, the attention of the world has been fixed on Wuhan, China, as the epicentre of a new respiratory virus. The 2019 Novel Coronavirus (or 2019-nCoV) has been declared a “Public Health Emergency of International Concern” by the World Health Organization and as of February 8, 2020, there have been eight (8) confirmed cases in Canada.
Food for thought: do employers need to accommodate ethical veganism in the workplace?
The Ontario Human Rights Code (the “Code”) protects employees from discrimination in the workplace based on one (or more) of its protected grounds, which include disability, age, creed, sexual orientation, and gender identity. It further places a positive obligation on Ontario employers to reasonably accommodate employees to the point of undue hardship.
Employer ordered to pay $120,000.00 for discriminatory hiring practices
In a prior blog article, we wrote about an important decision from the Human Rights Tribunal of Ontario (“HRTO”) concerning discriminatory hiring practices. That case was Haseeb v. Imperial Oil, and the decision involved Imperial Oil’s policy of requiring all project engineer job applicants to hold either Canadian citizenship or permanent residency in order to be eligible for employment.
Ontario Court Creates New Protection for Complainants of Workplace Sexual Harassment
Making a complaint of workplace sexual harassment can be daunting. If the actual harassment itself is not bad enough, employees often fear job-based retaliation for speaking out, or that making matters public might undermine their professional reputation.
Q&A: Sexual Harassment in the Workplace
Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition, we focus on sexual harassment in the workplace.
Q&A: Employee Sick Leave and Medical Information
Q&A is a recurring series on the Vey Willetts LLP blog. The aim is to provide quick answers to questions we commonly encounter in our day-to-day practice of employment law. In this edition we focus on employee sick leave and medical information.
Genetic testing in the workplace: The new face of discrimination?
The human rights landscape in Canada is shifting and society's view of which personal characteristics deserve protection has changed dramatically. This is the result, in part, of technological advance. New technologies can offer great economic benefit but can simultaneously expose individuals to new forms ofdiscrimination.
A current and contentious example of this is genetic discrimination. Genetic discrimination refers to the differential treatment of individuals as a result of 'flaws' in their biological coding, exposed through genetic testing. Genetic testing is a method of diagnosis; a person's DNA is examined to confirm a suspected genetic condition or to determine the probability that a person will develop a genetic disorder.
Unprecedented Damages Award in Sexual Harassment Case
On May 22, the Human Rights Tribunal of Ontario awarded what is one of its largest damages awards to date. The facts that precipitated this result are both atrocious and a poignant reminder that sexual violence and harassment still persists in the workplace.
The case in question, O.P.T. v. Presteve Foods Ltd., involved O.P.T & M.P.T. - two sisters who came to Ontario from Mexico as temporary foreign workers to labour at a fish processing plant in Wheatley. In addition to bringing an application against the company, the sisters also named Mr. Jose Pratas, the owner of Presteve, as a personal respondent.