We hope that most employers are familiar with their substantive obligations under the Ontario Human Rights Code (the “OHRC”). However, I have found that employers can overlook a “hidden” provision in the OHRC which imposes liability on them not only for the discriminatory actions of their controlling minds and/or senior employees, but also for those
These are the words, or more accurately the lyrics (I think they may belong to a Sesame Street song sung by Big Bird about his bowls of bird seed), that came to mind when I recently had opportunity to read the case of Stephen Henshaw v. Rochester Place Resort Inc. 2014 HRTO 1727 (Can LII).
The Human Rights Tribunal of Ontario, in a decision dated September 5, 2012, found that Paul Lombardi had suffered harassment in the workplace and that his dismissal from employment due to fighting was discriminatory. The Ontario Divisional court in Walton v. Lombardi, 2013 ONSC 4218 set aside that decision. The Court ruled that there was
The Ontario Human Rights Tribunal (the “Tribunal”) has recently shown that an employee can be reinstated, even if a decade has passed since their dismissal, when the dismissal was discriminatory. After working for the Hamilton-Wentworth District School Board (the “School Board”) for 13 years, Sharon Fair developed a generalized anxiety disorder, and was off work