Employees may not raise the same human rights issue before the
Human Rights Tribunal of Ontario and the courts, a recent HRTO
The employee had commenced a court action in which he claimed
that he was a person with a disability and as a result he
experienced panic attacks. He alleged that he had experienced panic
attacks in part because of mistreatment at work. He made
essentially the same allegations in a disability-discrimination
case at the HRTO, claiming damages for alleged violations of the
Human Rights Code in both cases.
The HRTO dismissed his human rights Application, deciding that
because the employee had started a court action claiming damages
for alleged violations of the Human Rights Code and that
court proceeding had not been finally resolved, section 34 of the
Human Rights Code required that the HRTO proceeding be
dismissed. Duplicative proceedings were not permitted.
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On Thursday, September 22, 2016, Dentons hosted a panel discussion about the management of liabilities and risks associated with environmental crises, including potential liabilities for directors and officers and provided insight into risk and liability techniques associated with environmental crisis management.
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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