Serious insight for serious situations.

Serious insight for serious situations.

Insights

Reflections and news direct from Rubin Thomlinson.
Subscribe to receive updates of interest to you.

Filtered By:

Bill 132 in the post-secondary context

I recently had a rare free Saturday night and sat down on my couch to binge on Netflix. As I was scrolling through the recommendations I saw that the controversial documentary “The Hunting Ground” was recommended for me. The movie is about alleged sexual assaults and sexual violence on American university campuses and the responses

Read More

Out of time, out of luck

I recently represented a client at a prehearing before the Ontario Human Rights Tribunal (the “Tribunal”), arguing that an application filed 2 months after the 1-year deadline set by the Tribunal should be dismissed as untimely. We were successful and the application, which was filed 14 months after an allegedly discriminatory dismissal, was dismissed in

Read More

#4 Discriminatory grounds such as family status, age, marital status, etc. that deal with the duty to accommodate

This posting builds upon an earlier one entitled “#2 Mental health or physical disabilities that deal with the duty to accommodate”. As indicated in that post, the duty to accommodate is always a tricky exercise and one that should be treated with the utmost circumspection. The Accommodation Process The Ontario Human Rights Code lists a

Read More

Miscarriage as a “disability” is a good reminder for employers

It’s not entirely surprising that the Ontario Human Rights Tribunal (the OHRT) rendered a decision recently, holding that a miscarriage constitutes a “disability” for human rights purposes.  What is perhaps less clear is what this will mean for employers. Winnie Mou brought a human rights application against her former employer, MHPM Project Leaders, alleging discrimination

Read More

#3 Contracts and employment agreements

I already discussed the importance of employment contracts/employment agreements (those expressions are used interchangeably) in this series. I would refer you specifically to the posting entitled #1 Termination pay, termination notice, termination with or without cause and pay in lieu of notice (Part 2). In that posting, I briefly discussed some of the advantages of

Read More

Occupational health & safety aboard the millennium falcon (and the cosmic definition of “workplace” under the Occupational Health and Safety Act)

As an occupational health & safety lawyer and a Star Wars fan, a recent news report regarding an incident aboard the legendary Millennium Falcon naturally caught my attention. In that regard, British occupational health & safety authorities announced last month that criminal charges had been issued against Foodles Production (UK) Ltd. (“Foodles”, which is a

Read More

#2 Mental health or physical disabilities that deal with the duty to accommodate

Mastering the ins and outs of the duty to accommodate under human rights legislation is hard. In fact, some would go so far as to say impossible. It’s no wonder this topic has floated to the top of the list of challenges faced by HR practitioners. I’ve given this some thought and come up with

Read More

Problem employees: how can businesses survive them?

Recently, Kim Stacy, owner of the now defunct Emma’s Eatery in Nova Scotia, sparked a social media debate by complaining that a frustrating new generation of employees has helped put her out of business.  Ms. Stacy complained that during the nine years her eatery was open, young employees demanded to be paid dearly for working

Read More