Human Rights - Articles & Videos

In the recent decision of Bokhari v. Top Medical Transportation Services, the Divisional Court granted an applicant’s request for judicial review of a decision of the Ontario Human Rights Tribunal (the “HRTO“) which dismissed his application as being outside of the HRTO’s jurisdiction.

Substance abuse is a disability under human rights law, requiring the employer to accommodate an employee to the point of undue hardship.

Knowing more information about an employee than is necessary can expose employers to substantial liability.

Our HR Law Eras Tour “set list” takes us through 2024’s notable decisions and developments, with the goal of providing employers and employees with a map of the current landscape that allows them to navigate the challenges ahead.

Put simply, employers are required to accommodate individuals to the point of “undue hardship” where the need for accommodation relates to a ground protected by human rights legislation, such as family status.

As employment lawyers, we are particularly concerned with the rights of employees to have a workplace that is respectful, inclusive and free of harassment and discrimination.

The AODA requires employers within Ontario with 20 or more employees to file their Accessibility Compliance Reporting Form by December 31, 2023.

Can an employee who discloses a medical issue, or who goes on a medical leave of absence, be dismissed? Contrary to popular belief, the answer is yes. However, to avoid liability, the employer must be able to show that the dismissal was entirely unrelated.

When an employee has a cause of action against their current or former employer, there may be multiple venues available to them to pursue damages. Generally speaking, the employee must choose one venue in which to seek their damages.