Employer Held Vicariously Liable for Employee’s Foul Mouth
An Ontario employer was vicariously liable for its male employee’s discriminatory conduct toward his female colleague and was ordered to pay damages for injury to the female employee’s injury to dignity, feelings, and self-respect.
Preferences vs. Needs: Human Rights Tribunal Finds Limits on Accommodation for Family Status
A recent decision, Aguele v. Family Options Inc. 2024 HRTO 991 (CanLII) from the Ontario Human Rights Tribunal makes it clear that the duty to accommodate employees on the basis of family status is not unlimited when it comes to scheduling hours of work.
Court of Appeal Sends Expensive Message to Employer For Termination Post-Medical Leave
The recent decision of Krmpotic v. Thunder Bay Electronics Limited, 2024 ONCA 332, involves an employee with 30 years of service that was terminated the day he returned from a medical leave following back surgery.
Morey v. C.A.T.
Congratulations to our Rachel Goldenberg on her trial victory in successfully defending a constructive dismissal claim based primarily on an alleged material change in compensation.
An update on Workplace Sexual Harassment Decisions
In recent months, there have been several noteworthy decisions from human rights tribunals across Canada on sexual harassment in the employment context. We explore those decisions below and provide key takeaways for Ontario employers.
Single Act of Sexual Misconduct Cause for Termination (But Not Willful Misconduct)
In the recent decision of Render v ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310, the Ontario Court of Appeal upheld the decision to terminate a manager for cause for a single act of sexual misconduct.
