Discrimination, protected grounds, proof, procedure and remedies.
Home › Workplace Human Rights ›Defending the Human Rights Case Defending the Human Rights Case Leading Affirmative Evidence If a case is commenced, the employer can defend the case by leading evidence to show what the true motivation and reason
Home › Direct vs Adverse Impact Discrimination ›Proving the Human Rights Case: Prima Facie Case Direct vs Adverse Impact Discrimination The difference between direct and adverse impact discrimination was defined in a 1985 Supreme Court of Canada case, written
Might CRA obtain seemingly confidential documents prepared for or during mediation or other settlement conferences? The answer is yes. Although hard to imagine, the Federal Court allowed the application of CRA to overcome the rule against settlement privilege and obtain
Home › Workplace Human Rights ›Reprisal : Various Statutes Reprisal : Various Statutes The Ontario Code also has a general related provision entitled “infringement” which prevents an employer from doing anything which may infringe a right under the Code. At
Settlement may also involve EI and other issues as discussed in the Exceptional Damages Chapter. See the review specifically on tax issues here.
The need to conduct a proper and effective investigation of a human rights complaint is important for two reasons, over and above the mandate to do so as part of the statutory obligation under the human rights statute and any
Home › Workplace Human Rights ›General Reprisal General Reprisal However, in certain cases the intent of the wrongdoer remains relevant. Such is the case in a general reprisal claim. It is generally conceded that to prove general reprisal, intent must
B.C. requires an employer to make meaningful investigation of an apparent human rights violation. In Bertrend v Golder Associates, the employer’s decision to terminate the probationary employment of the complainant was found to be a Code violation because it failed
