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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HRTO: The Human Rights Code Does Not Necessarily Protect Employees From Uncomfortable Conversations

The Human Rights Tribunal of Ontario (HRTO) recently dismissed a claim filed by a nurse who alleged that she was being subject to uncomfortable sexual conversations at work, which constituted discrimination and harassment and violated her rights at work. The HRTO ultimately found that being made to feel uncomfortable during conversations in the workplace does […]

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HRTO Confirms It Does Not Have Jurisdiction to Address Allegations of “General Unfairness”

In a frequently cited decision, the Human Rights Tribunal of Ontario (HRTO) confirmed that it does not have the power to deal with general allegations of unfairness, and dismissed a human rights complaint on the basis that the applicant had not established a clear link between her termination and a protected ground under the Human Rights […]

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Ontario Court Finds No Frustration of Contract After Employee’s 33-Month Disability Leave

The Ontario Divisional Court’s recent decision in Boucher v. Black & McDonald Ltd.  provides an excellent overview of a number of fundamentally important elements of employment law, including the effect of an employee’s long term absence, frustration of the employment contract, the interplay of disability payments and wrongful dismissal damages, as well as human rights […]

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