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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.
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.
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.
Not Much to “Like”: Lessons from an Anti-Social Work Environment
Social media platforms moderate user-posted content to protect us from offensive, disturbing and sometimes criminal content. This process, however, is not always automatic. It often relies upon the efforts of individual workers to act as gatekeepers, keeping undesirable content at bay.
Off-Key? The Boston Symphony and Gender-Based Equality in Pay
The size of an employee’s salary is often seen as an indicator of importance within an organization. Thus, when women are paid less than their male counterparts for performing similar work, it suggests that their efforts are somehow of lesser value. In Ontario, we have a number of legal mechanisms that are designed to reduce gender-based wage disparity, however, it remains a reality in far too many workplaces.
Hold the Applause: Clapping Banned to Reduce Individual Anxiety
Manchester may be best known for its premiership football teams and spawning the likes of Oasis and The Smiths, however, the City was in the headlines last month for something quite different: its Student Union (“MUSU”) voted to replace clapping at all of its events with “jazz hands” (i.e. the practice of waving open hands in the air).
“Too pretty to drive a forklift”: Employee awarded considerable damages for workplace harassment and discrimination
In a recent decision from Windsor, the Human Rights Tribunal of Ontario ordered an employer to pay almost $60,000 in damages for the way in which a female employee was repeatedly harassed, insulted and humiliated by senior management.
Managing toxic employees: human and financial workplace costs
A workplace is a team environment. It functions best when the atmosphere is positive. One of the biggest concerns for employers, in Ontario and elsewhere, is how to address and manage the presence of a “toxic employee” in the workplace.
Accommodation at Work: The Role of Ontario Employers and Employees
Last week, VW Lawyers' Andrew Vey spoke at the Ottawa Human Resources Professionals Association Conference on the process of providing reasonable accommodation to Ontario employees at work.
HR Update Publishes Article by Paul Willetts on Workplace Accommodation
VW lawyer Paul Willetts authored an article in the May 2016 edition of HR Update entitled, "Human Rights Law Today: Guidance for Individuals and Employers." The article discusses steps that employers can take to limit liability in the workplace and provides some practical reminders to employees about their entitlements at work around accommodation and protection from harassment.
Protecting human rights in the workplace: Lessons for employers
The Ontario Human Rights Tribunal and the Courts have broken new ground in recent months, both in terms of the reach of anti-discrimination laws and the consequences for those who are found in breach. While the vast majority of employers provide respectful and inclusive workplaces, there are exceptions to this rule and sometimes, despite all best efforts, issues still arise.
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.
Pregnancy and Workplace Accommodation: The Botony Dental Case
In early 2015, the Ontario Superior Court of Justice released its decision in Partridge v. Botony Dental Corporation. This decision is a useful reminder both for employees as to their rights and employers as to their workplace obligations.
Ms. Partridge began work with Botony as a Dental Hygienist in March 2004 and was promoted to Office Manager in 2007. She was employed with the company for just over seven years prior to dismissal on July 19, 2011. During the tenure of her employment, Ms. Partridge twice took maternity leave: from June 2007 – July 2008; and again from June 2010 – July 2011.