In a recent decision of the Ontario Human Rights Tribunal (the “HRTO” or the “Tribunal”), Buckel v. St. Joseph’s Healthcare Hamilton, the Vice-Chair awarded the Applicant $15,000.00 after she was terminated for time theft – even though the Vice-Chair was satisfied that she did indeed commit time theft. The Applicant was employed by St. Joseph’s...Continue Reading

Section 5(1) of the Ontario Human Rights Code (the “Code”) provides that “every person has a right to equal treatment with respect to employment without discrimination because of race, ancestry, place of origin, colour ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, record of offences, marital status, family status or disability.”...Continue Reading

In Ontario, employers have a statutory duty under the Occupational Health and Safety Act (the “OHSA”) to conduct an investigation into complaints and incidents of workplace harassment that is “appropriate in the circumstances”. If a complaint is related to any human rights ground(s) which are covered by the Ontario Human Rights Code (the “Code”), employers...Continue Reading

One of the most time consuming and costly areas of employment law concerns the obligations departing employees owe their employers, and how employers can protect themselves from a departing employee’s breach.  In Titus v Hack, the Ontario Superior Court clarified the various duties employees owe their former employers, and the consequences for breaching them.  The...Continue Reading

In Knight v. Surrey Place Centre (2019) HRTO 482 [“Knight”], the Ontario Human Rights Tribunal (“the Tribunal”) examined an employer’s human rights obligations and the complexities of delegating the duty to accommodate to third party insurers. The Tribunal’s ruling clarified that while employers can outsource disability management to third parties, this does not absolve them...Continue Reading

Esi Codjoe of our firm is the Co-chair of the Annual Update on Human Rights – Administrative Law/Constitutional, Civil Liberties & Human Rights/Labour & Employment Law.  She will be speaking about Notable Human Rights Decisions and Developments at 9:35 am.  This conference will be taking place Wednesday, May 29, 2024 from 9:00 am to 4:30...Continue Reading

A 5-Step Guide on How to Legally Terminate an Employee With employers across the country terminating employees en masse, it is important to understand how to approach terminations in a lawful way. This article sets out a five-step guide that any employer or human resource professional can follow when broaching the topic of termination. Identify...Continue Reading

We sponsor the Julius Alexander Isaac Moot. Since its inception, the unilingual moot has focused on an area of law in which issues of equity and diversity arise, often incorporating elements of critical race theory into the problem. The Black Law Student Association of Canada administers the Julius Alexander Isaac Moot in collaboration with law...Continue Reading

Attention Employers: AODA Compliance Reports Due December 31st All private and non-profit employers with 20 or more employees are required to file reports with the Ontario government, confirming their compliance with the requirements under the Accessibility for Ontarians with Disabilities Act, 2005 (“AODA”). Those reports are due December 31, 2023. Below is an overview of...Continue Reading

Severance for Short Tenured Employee: The Case of Grimaldi v. CF+D Custom Fireplace Design Inc. The length of an employee’s service is a factor that goes into the assessment of how much notice of termination or pay in lieu of notice (ie. ‘severance’) an employee is entitled to under the common law. Generally, the longer...Continue Reading

Human Rights and Vicarious Liability for Harassment While in many cases, an employer can be vicariously liable for the actions of its employees, a number of nuances come into play when it comes to human rights matters. Incognito v. Skyservice Business Aviation (2022 ONSC 1795) provides a helpful overview of these considerations, at least relating...Continue Reading

The recent case of Teljeur v. Aurora Hotel Group, 2023 ONSC 1324 (“Teljeur”) is an important one for employers and employees to take note of.  It highlights a growing tendency by courts to award elongated notice periods to short-tenured employees, as well as significant moral damages for an employer’s bad faith conduct. Facts By way...Continue Reading

When Catherine and Rachel founded Turnpenney Milne LLP 13 years ago, they sought to make the legal profession more inclusive for women and build a workplace where all team members thrive. Today, we are proud to say that we now have 15 female professionals at the firm, many of whom are reflected in our leadership....Continue Reading

Esi Codjoe will be speaking Wednesday, May 25, 2022 as part of a panel on “Recent Notable Human Rights Decisions and Developments,” at the Annual Update on Human Rights Law by the Ontario Bar Association. The Annual Update on Human Rights Law returns again this year to get you up-to-speed on substantive and procedural trends...Continue Reading

Esi Codjoe speaks about her biggest career barrier and urges employers to aim for clearer equity policies in this article posted in Canadian Lawyer Magazine. “The practical reality is that legal considerations of a policy are always going to be defined by compliance with human rights legislation.” To read the full article please follow the...Continue Reading

Coming Soon: Updated federal anti-harassment legislation and regulations come into force January 1, 2021 Bill C-65, is an Act to amend the Canada Labour Code (“CLC”) and strengthen the existing framework for the prevention of harassment and violence, including sexual harassment and sexual violence, in the workplace. Both Bill C-65 and the corresponding regulations come...Continue Reading

Deborah Hudson was recently published in the Queen’s University IRC Research Briefs writing about Ageism in the Law (April 2017).Continue Reading

Catherine’s article on workplace harassment was published in the May/June 2013 HR Professional magazine.  To read about some recent decisions in which courts and tribunals have considered what is (and is not) harassing workplace behaviour, click here: http://www.nxtbook.com/naylor/HRPH/HRPH0413/index.php#/14Continue Reading

The Human Rights Tribunal of Ontario has ordered an employer to reinstate a 16-year employee who was terminated over 9 years ago from her role as Supervisor. In it’s decision on liability, the HRTO found that the employer had discriminated against the employee because of disability by failing to accomodate her disability related needs when...Continue Reading

The Federal Court of Appeal recently confirmed a Canadian Human Rights Tribunal decision of 2010 regarding an employer’s obligation to accommodate based on family status in Attorney General of Canada v. Fiona Ann Johnstone and Canadian Human Rights Commission, 2013 FC 113. Fiona Johnstone, a Canada Border Services Agency (“CBSA”) Officer and mother of two,...Continue Reading

In most settlements arising out of a claim for wrongful dismissal or an application at the Human Rights Tribunal of Ontario (“HRTO”), there will typically be an expectation that both sides will keep a settlement confidential. This expectation should be clearly outlined in language that is included in settlement documentation (i.e. Minutes of Settlement). There...Continue Reading

In 2008, the government introduced sweeping changes to the manner in which human rights issues are handled in Ontario. Four years later, it called for an independent review of the system to gauge how effective those changes have been. Andrew Pinto’s much anticipated report on the Ontario human rights system was released today – November...Continue Reading

A decision of the Ontario Human Rights Tribunal (the “HRTO”) has clarified the law on discrimination on the basis of family status and added to the sparse jurisprudence addressing elder-care responsibilities in the human rights context. The decision, Devaney v. ZRV Holdings Ltd., 2012 HRTO 1590 (CanLII), involved an Applicant who worked as an architect...Continue Reading

A recent decision from the Human Rights Tribunal of Ontario serves as a warning to employers who use third party adjudicators to review their employee’s sick leave entitlements. Moneris Solutions Corporation was ordered to pay a former employee close to $50,000, including an award of $15,000 in damages for injury to dignity, feelings and self-respect...Continue Reading