The Employer’s Defence
Home › Workplace Human Rights ›Human Rights: Employer's Defence Human Rights: Employer's Defence The employer, of course, may defend the evidence put forward to justify a prima facie case. The…
Reinstatement – Other Canadian Jurisdictions
Home › Workplace Human Rights ›Human Rights: Remedies: Reinstatement: Other Canadian Jurisdictions Human Rights: Remedies: Reinstatement: Other Canadian Jurisdictions Reinstatement is a common concept in other Canadian jurisdictions. The wording…
Ontario – Reinstatement & Instatement
Home › Workplace Human Rights ›Human Rights Remedies: Reinstatement & Instatement: Ontario Human Rights Remedies: Reinstatement & Instatement: Ontario The analysis which follows will show that reinstatement was considered “the…
Reinstatement and Instatement
Home › Workplace Human Rights ›Human Rights: Remedies: Reinstatement: Introduction Human Rights: Remedies: Reinstatement: Introduction Reinstatement is obviously a very powerful remedy. Apart from the order itself, the request for…
Appeals from Human Rights Tribunals
Human Rights: Appeals Preliminary Refusal to Allow the Case to Proceed There are two issues to be considered with respect to any appeal or review of a human rights complaint.…
Rule in Browne v Dunn
Home › Workplace Human Rights ›Human Rights: Evidence: Browne v Dunn Human Rights: Evidence: Browne v Dunn The rule of Browne v Dunn requires the cross-examiner to put to the…
Human Rights Factor: Influential is Enough: Not The Sole Reason
Home › Workplace Human Rights ›Human Rights Factor: Influential is Enough: Not The Sole Reason Human Rights Factor: Influential is Enough: Not The Sole Reason Influential is Enough In this…
No Intent Required
Home › Workplace Human Rights ›Human Rights: No Intent Required Human Rights: No Intent Required The decision maker need not look for a motivator for the alleged offensive action. There…
Proving the Human Rights Case: Prima Facie Case
Home › Workplace Human Rights ›Proving the Human Rights Case: Prima Facie Case Proving the Human Rights Case: Prima Facie Case The law on this subject evolved in an era…
Right to a Hearing
Home › Workplace Human Rights › Human Rights: Entitlement to a Hearing Human Rights: Entitlement to a Hearing In systems which do not allow for a direct user access process,…