Employee Sues for Hiring of Past Sexual Abuser

Employee Fired Due to Hiring of Past Sexual Abuser The recent decision of the Ontario Superior Court of Colistro vs Tbaytel and the City of Thunder Bay provides an interesting review of the issues of constructive dismissal, sexual harassment and damages for the breach of the obligation of good faith, albeit in a very unusual […]

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Human Rights Tribunal: You Can’t Make Someone Observe the Sabbath

Cases involving human rights in the workplace often revolve around an employer imposing a condition on someone. But what about instances where an employer prevents someone from working? The Quebec Human Rights Tribunal addressed this recently in Commission on Human Rights and Youth Rights (Zilberg) v. 9220-3454 Québec Inc. (Spa Liv Zen (Spa Orazen)). Imposing The […]

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Supreme Court of Canada Weighs in on Drug and Alcohol Dependency Disclosure Policies in the Workplace

Drug and alcohol addiction has been recognized as a disability in both Federal and Provincial human rights legislations. This means that, generally speaking, firing someone for an addiction to drugs or alcohol could violate their rights. In Stewart v. Elk Valley Coal Corp. the Supreme Court of Canada had the opportunity to weigh in on […]

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Employer’s Hard Hat Policy Holds Up Against Religious Discrimination Claim

The line between religious freedom and occupational heath and safety can be a blurry one, as evidenced in a recent Quebec Superior Court decision where three Sikh men (the employees) brought a claim against their employer who would not allow them to work without hard hats on. A new policy and a refusal to comply […]

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