Contents
- Introduction to Workplace Human Rights
- The Statutory Process
- Proving the Case
- Evidence Rules at the Hearing
- Duty to Accommodate
- Protected Human Rights
- Damage Awards:Injured Feelings
- Damage Awards to Non-Parties
- Damages: Lost Income
- Lost Opportunity
- Other Remedies: Poisoned Workplace
- Remedy: Reinstatement: Introduction
- Human Rights: Employer Liability
- Ontario Civil Action
- Important Statutes
Introduction to Workplace Human Rights
Quasi-Constitutional Status
Overview of Human Rights
Human Rights Remedies
The Statutory Process
General Principles of Statutory Interpretation
Entitlement to a Hearing
Limitation Periods
Defining Employment for Jurisdiction
The Parties to the Complaint
The Union as a Party
Group Action
Claim Settled against Some Respondents
Proving the Case
Principles of Liability in Human Rights
Direct vs Indirect Discrimination
No Intent Required
Influential Factor is Enough
All Members of the Group Need Not be Impacted
Appeals from Human Rights Tribunals
Evidence Rules at the Hearing
Statistical Evidence
Systemic Discrimination
Injured Feelings: Medical Evidence
Similar Fact Evidence
Assessing Credibility
Rule in Browne v Dunn
Duty to Accommodate
Basic Rules of Accommodation
Procedural Rules
Substantive Obligations
Procedural Rules Independently Actionable
Accommodation: Addiction
Protected Human Rights
Disability
Obesity
Creed: Religious Beliefs
Dress Code
Addiction
Age
Mandatory Retirement: Pension Plans
Family Status
Family Status: Need for Two Way Accommodation
Marital Status
Pregnancy
Sexual Harassment
Deadnaming
Damage Awards:Injured Feelings
Damages Increasing
Canada
British Columbia
Alberta
Saskatchewan
Manitoba
Ontario
Quebec
Maritimes
Damage Awards to Non-Parties
Damages: Lost Income
Intervening Event Disrupts Lost Income
Future Income Loss
Notional Termination
Adverse Treatment: Lost Severance: Active Employment Issue
Employment Contact
Disability Insurance
Mitigation
Lost Opportunity
Substantive Test & The Remedy
Employer’s Defence
Lost Opportunity due to Reprisal
Other Remedies: Poisoned Workplace
Reprisal
Public Interest Remedies
Pre-Judgement Interest
Legal Costs
Damages against the Complainant
Remedy: Reinstatement: Introduction
Ontario Cases
Other Canadian Jurisdictions
Reinstatement to Inactive Employment
Human Rights: Employer Liability
The Employer’s Defence
Due Diligence Defence
Reducing the Lost Income Claim
Offer to Settle: Motion to Dismiss for No Merit
Immediate Decisive Action Avoids the Complaint
Sample Policy Manual
Policy Manual – Federal
Human Rights & Workers’ Compensation
Tax & Settlement Issues
Ontario Civil Action
Companion Action for Ontario Civil Remedy
Important Statutes
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