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Air Canada pilots must be reinstated after forced retirement
Image from: www.aircanada.com On Monday, November 8, 2010, the Canadian Human Rights Tribunal ordered Air Canada to reinstate two pilots, aged 65 and 67, who were forced to retire at age 60. In...
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Is mandatory retirement really mandatory?
Section 15.1 of the Canadian Charter of Rights and Freedoms (Charter) provides that “every individual is equal before and under the law and has the right to equal protection and equal benefit of the...
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Family status – a ground of discrimination just like any other
Some recent cases (here, here and here) make the message very clear to employers: you cannot minimize or ignore requests for accommodation on the basis of family status. Such requests must be treated...
View ArticleThe Air Canada pilots’ mandatory retirement saga – will it end with the...
In July, the Canadian Human Rights Tribunal made its third decision in the case of two Air Canada pilots who challenged the airline’s mandatory retirement policy. The tribunal decided in favour of Air...
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Air Canada pilots’ mandatory retirement saga continues
Image: www.aircanada.comAs you may recall, Air Canada pilots launched human rights complaints on the ground of age discrimination because the company forced them to retire at age 60. In a history of...
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Federal Court clarifies that the prohibited ground of “family status”...
Do employers have to accommodate the “childcare responsibilities” of their employees to the point of undue hardship? The Federal Court has confirmed that for federally regulated employers the answer is...
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Federal Court releases decision in Johnstone family status case Family status is an evolving condition in human rights law, and it remains unclear precisely what qualifies a person to claim...
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Leave to Appeal Air Canada mandatory retirement case to Supreme Court of...
As I mentioned in an earlier post, I anticipated that following all of the activity occurring in the Vilven and Kelly case (two Air Canada pilots who were forced to retire at 60), there would...
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Three of the most popular articles this week on HRinfodesk
Men’s Day was discriminatory and led to retaliation An employee complained to the Ontario Human Rights Tribunal that she was terminated after filing an internal grievance with her employer who...
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Is an employer’s duty to accommodate becoming too much?
Image: news.nationalpost.com After a recent Federal Court of Appeal ruling, employers are now faced with the responsibility of accommodating employee requests relating to childcare – providing it does...
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Government of Canada amends the Citizenship Act
On June 19, 2017, Bill C-6, which proposed numerous amendments to the Canadian Citizenship Act, (R.S.C., 1985, c. C-29), received Royal Assent. Bill C-6 attempts to reverse many of the changes...
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Summarizing WSIB’s proposed Rate Framework, part 2
This week, Clear Path Employer Services provides us with Part 2 of their 3-part series, Summarizing WSIB’s proposed Rate Framework. Part two – Class level premium rate settings This blog is part two of...
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$85,000.00 human rights award against employer in sexual harassment case...
In a recent case titled Doyle v. Zochem Inc., the Ontario Court of Appeal upheld a decision to award both moral damages and damages pursuant to the Human Rights Code (Code) without subtracting one from...
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Major issues with minor provisions – Child leaves
Bill 148’s proposed changes to leave entitlements in Ontario, though a step in the right direction, still don’t address the flaw for child leaves that only apply to children under 18 years old....
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Privacy Commissioner provides some tips for businesses regarding passwords
The Privacy Commissioner Canada has recently released some tips for mitigating risk to businesses involving passwords. One main problem is that individuals use the same password for multiple accounts –...
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Three popular articles this week on HRinfodesk
Articles may require log in credentials to HRinfodesk. Don’t reuse passwords, Privacy Commissioner warns The Office of the Privacy Commissioner of Canada (OPC) is urging businesses to require employees...
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Talking damages: Put your money where your mouth is
“Put your money where your mouth is”, is an old expression suggesting that if something is truly important to you, then you will attach monetary consequences to it. Which is why it is interesting that...
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Is the first Monday in August considered a statutory holiday?
This year, the first Monday in August is August 7. Although most commonly referred to as “Civic Holiday”, the holiday is referred to differently across Canada. For instance, in British Columbia, the...
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Caméras vidéo en milieu de travail – L’arrêt Vigi Santé Ltée : La cour...
La présence de caméras vidéo en milieu de travail, ainsi que d’autres mesures de surveillance mises en place par un employeur, font couler beaucoup d’encre depuis quelques années au Québec. En effet,...
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Video cameras in the workplace – The Vigi Santé Ltée decision: The Court of...
The presence of video cameras in the workplace, as well as other measures of surveillance put in place by employers, have generated considerable commentary in recent years in Quebec. Administrative and...
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