Workplace Wire

Connecting employers to developments in labour, employment & pension law

Ontario Court of Appeal Clarifies Test for Discrimination Under the Human Rights Code

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In Peel Law Association v. Pieters, the Ontario Court of Appeal affirmed that the test for finding prima facie discrimination under the Ontario Human Rights Code does not require that the discrimination was intentional.  The Court set aside a decision of the Divisional Court and reinstated a decision of the Ontario Human Rights Tribunal, which…

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Is there a Right to Representation in a Workplace Investigation?

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In the course of our workplace investigation practice we often encounter employees who insist on some form of representation.  However whether represented by a lawyer, union official, or even family member, there is a risk that the representative will end up doing more harm than good.  After all, the point of an investigation is to…

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