Constructive discrimination: The case of Tawney Meiorin
Constructive or adverse discrimination in employment occurs when rules or standards are established that do not discriminate at first glance, but have an adverse effect on persons whose rights are protected under human rights legislation. In such a case, the burden shifts to the employer to establish that such rules or standards are essential to the job, also known as bona fide occupational requirements (BFOR’s. British Columbia (Public Service Employee Relations Commission) v. BCGSEU is the leading case which addresses this issue. This seminal human rights case from the Supreme Court of Canada established a three-part test which has become the standard to evaluate constructive discrimination.
Kevin Sambrano, Sambrano Legal Services
4 minutes read
June 27, 2014 Employee who lied about ability to work justly fired
An Ontario labour arbitrator upheld an employee’s termination for just cause after the employer learned that the employee faked the severity of her injury and ability to perform work for over five years. The arbitrator found that the employer was justified in terminating the employee for just cause because the actions of the employee went to the heart of the employment relationship.
Christina Catenacci, BA, LLB, LLM, PhD
A look at stock-based remuneration
Stock options are not really as complicated as one may think. In many cases, the challenge associated with the reporting of these benefits comes down to how the information is communicated to the payroll department.
Occasional Contributors
No perfect attendance bonus to employee on workers’ compensation leave of absence
Managing absenteeism and dealing with the associated costs are among the most difficult things employers face. Accordingly, many employers try to incentivize employees to improve their attendance by providing bonuses based on meeting attendance thresholds. Seems simple enough. However, what if an employee is off work on a disability leave? That employee is off work through no fault of his/her own yet otherwise had perfect attendance. Should such an employee be able to claim the attendance bonus?
McCarthy Tétrault LLP
Internal control system: How is your accountability?
In COSO’s updated Internal Control – Integrated Framework, one of the 17 principles they present is that the organization holds individuals accountable for their internal control responsibilities in the pursuit of objectives. Have you considered how your control system enforces accountability?
Jeffrey Sherman, MBA, FCPA, FCA
Good Friday, a public (statutory) holiday, Passover and Easter
On Friday April 18, 2014, also known as Good Friday, employees across Canada get a day off with regular pay or public holiday pay.
Marie-Yosie Saint-Cyr, LL.B. Managing Editor
Can you force an employee to provide proof of their religion or their religious beliefs?
Can you force an employee to provide proof of their religion or their religious beliefs? The issue of one’s religion or religious beliefs will only be relevant in the employment context when there is a request for accommodation. Typically…
Rudner Law, Employment / HR Law & Mediation
New accessible buildings standards take effect in 2015
Since the passage of the Accessibility of Ontarians with Disabilities Act in 2005, Ontario has been steadily advancing its accessibility project with new and amended standards and regulations. The goal is an “accessible Ontario” by 2025, supporting all Ontarians in accessing goods, services, facilities, accommodation, employment, buildings, structures and premises. Two new regulations addressing the built environment will come into force in 2015.
Adam Gorley
What is the impact of mental health issues on the duty to mitigate
It has often been said that termination from employment is the capital punishment of employment law. While perhaps too extreme an analogy, there is no doubt that termination is an emotionally draining experience. The courts have grappled with the issue of plaintiffs in a wrongful dismissal claim who argue that the emotional upheaval of their dismissal resulted in an inability to look for replacement work for a period of time.
Earl Altman
