Resources: Human Rights
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Complaints by Cisgendered Men Alleging Discrimination on Grounds of Gender Identity or Expression Dismissed by Ontario Human Rights Tribunal
July 2017
The B.C. Human Rights Code was amended in mid-2016 to include “gender identity or expression” as protected grounds. As of the date this article was written, the B.C. Human Rights Tribunal has not interpreted or applied the amendment in any of its decisions.
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Complaints by Cisgendered Men Alleging Discrimination on Grounds of Gender Identity or Expression Dismissed by Ontario Human Rights Tribunal -
Supreme Court of Canada Upholds Dismissal of Cocaine Addicted Worker
June 2017
On June 6, 2017, the Supreme Court of Canada dismissed an appeal from the Alberta Court of Appeal. The majority decision was written by Chief Justice McLachlin.
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Supreme Court of Canada Upholds Dismissal of Cocaine Addicted Worker -
A Haphazard Sexual Harassment Investigation – What Could Possibly Go Wrong?
May 2017
Melissa Doyle, a well-educated woman who had worked with Zochem Inc. for nine years, supervised an all-male group of refinery workers. The workplace culture was dominated by the Maintenance Supervisor’s “male locker room” mentality. On his office walls were pictures of scantily clad women. He expected Ms. Doyle to act like “one of the boys”, by sharing details of her dating life, laughing at his lewd jokes and engaging in otherwise unwelcome sexual banter.
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A Haphazard Sexual Harassment Investigation – What Could Possibly Go Wrong? -
Non-Culpable or Innocent Absenteeism?
February 2017
In the recent arbitration decision of Vancouver Coastal Health Authority v. Hospital Employees’ Union, Arbitrator John Sanderson, Q.C. upheld a grievor’s dismissal for non-culpable or innocent absenteeism because he failed to show he could attend at work regularly in the foreseeable future and the accommodation process was exhausted.
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Non-Culpable or Innocent Absenteeism? -
Is This the New Standard For Family Status Discrimination?
February 2017
It is now accepted that “family status” protections under human rights legislation cover persons who are in a parent-child relationship, as well as the obligations which flow from that relationship, such as child or elder care.
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Is This the New Standard For Family Status Discrimination? -
Labour Arbitration Preferred Over Human Rights Adjudication
January 2017
A recent decision out of Manitoba, Northern Regional Health Authority v. Manitoba (Human Rights Commission), 2016 MBQB 89, examines the overlapping jurisdiction between labour arbitration boards and human rights tribunals with respect to complaints of prohibited discrimination in employment.
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Discrimination Based On Religion In Not Hiring Unqualified Applicant
January 2017
On March 2, 2016, the BC Human Rights Tribunal issued the last of four decisions involving a complaint of discrimination against Amaruk Wilderness Corp. because it refused to hire the complainant, Bethany Paquette, as an assistant guide intern. Paquette alleged that she was denied employment on the basis of ancestry, religion and political belief. Her claim was brought against Amaruk and one of the company’s representatives.
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Discrimination Based On Religion In Not Hiring Unqualified Applicant -
Yet Another Turn in the Saga of “Family Status” Discrimination
January 2017
Nothing worries clients more than to be told that the subject matter for which they require advice is “interesting”. Interesting is often a synonym for expensive. If that is the case, the issue of child and elder care in the context of human rights is likely to generate more expense in the coming year and beyond. The risks are made more common with an aging population and a workforce that requires busy people to juggle family commitments with work.
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Yet Another Turn in the Saga of “Family Status” Discrimination -
Bartender Claims his Termination for Smoking Marijuana at Work was Discriminatory
September 2016
Darin Burton alleged that his employer, Tugboat Annie’s Pub (the “Employer”), discriminated against him on the ground of physical disability when he was discharged for smoking marijuana at the workplace. Burton claimed that the Employer had been aware since the outset of his employment that he used medical marijuana to deal with chronic pain from degenerative disk disease.
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Bartender Claims his Termination for Smoking Marijuana at Work was Discriminatory -
Refusal of Work Not For Safety Reasons: Discharge For Just and Reasonable Cause Upheld
September 2016
In a recent decision, Arbitrator Lorne Slotnick upheld the discharge of an employee who attempted to improperly use medical restrictions and the right to refuse unsafe work under occupational health and safety legislation as the basis for refusing a work assignment.
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Refusal of Work Not For Safety Reasons: Discharge For Just and Reasonable Cause Upheld