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Over three years ago, we blogged about a case where an employee, Sharon Fair, was reinstated after almost a decade had passed since her dismissal, because her dismissal was held to be discriminatory. The specifics of the case can be found on our blog post here but in short, Ms. Fair alleged that she had
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
There has been a great deal of media coverage in recent months regarding the effects of Posttraumatic Stress Disorder (PTSD) on “first responders” (i.e. police, fire, and paramedic personnel). It is generally understood that these professions, along with doctors, nurses, correctional officers, and military personnel are the most likely to experience PTSD as a result
Supporting an employee coping with an addiction is a challenging workplace issue particularly where human rights legislation requires accommodation of employees facing addiction and dependency. But what happens when the employee denies having an addiction and it can or does affect the core duties of the employee? That’s precisely the circumstance that Elk Valley Coal
When was the last time your measurements were required for a job? That is precisely the type of information you needed to supply if you were going to apply for the “receptionist/fit model” role with retailer, Lorna Jane. The position combined the role of receptionist and fit model, with the latter requiring the applicant to
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.
A recent certification of a class action in the case of Evans v. Bank of Nova Scotia highlights the potential liability that Ontario employers can face for privacy breaches by their employees. Two years ago, the Ontario Court of Appeal (in the case of Jones v. Tsige) recognized the tort of intrusion upon seclusion in
The extent to which an investigation report must be disclosed is not yet a settled issue in the case law. While solicitor-client privilege is at times used by lawyers to withhold reports from the parties, a recent decision from British Columbia’s Office of the Information and Privacy Commissioner (the “IPC”) has now added privacy legislation
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