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In his Report on the Ontario Human Rights Review 2012, Andrew Pinto commented on the general damages awards being awarded by the Human Rights Tribunal of Ontario (“HRTO”). Noting that general damages awards of $5,000, $10,000 and $15,000 seemed to correspond to low, medium and high damage awards, he commented that “there appears to be
Many of our employer clients are led by sophisticated HR teams and experienced managers who are well-versed in the dos of the termination process: do prepare a termination letter in advance; do consider who should be present in the termination meeting; and do seek advice as to the appropriate length of notice of termination to
For those unfamiliar with this vulgar form of harassment, “FHRITP” refers to the offensive trend of female reporters being heckled on-air by some miscreant shouting “f**k her right in the p***y!” When CityNews reporter Shauna Hunt was targeted with that nonsense while interviewing fans outside a Toronto FC game this past Sunday, she challenged a
Often times in a constructive dismissal situation where an employee is demoted, the affected employee will have to decide whether or not they are required to accept the demoted position in order to mitigate any damages that they seek arising from the constructive dismissal. In the recent case of Dunstan Morgan v. Vitran Express Canada
Fixed-term contracts are those that anticipate and set out a certain length of employment. But what if the parties want to bring the relationship to an end within the fixed-term? Is the employer on the hook to pay for the remaining term? This was precisely the question before the Ontario Superior Court of Justice recently.
Are we still having the discussion that an employee needs to be 100% recovered from an injury before she/he can return to work? According to a recent Nova Scotia Human Rights Board of Enquiry decision in Tanner v. Alumitech Distribution Centre Ltd., 2015 CanLII 15118 (NS HRC) apparently so. John Tanner was involved in a
After years of research and related policies and training, workplace harassment prevention remains a challenge for many employers. The reality of this persisting problem in many workplaces demands further education and new and creative responses, especially when considering the role and impact upon bystanders. Bystanders are individuals who observe harassment in the workplace firsthand. Depending
I recently read news coverage of an employee who was sent to a meeting that he thought “was going to be an informal event — that it was going to be business casual,” only to find himself seated at a boardroom table with none other than U.S. President Barack Obama. After the meeting, the employee
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