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Human Resources and Education Law
Legal Issues, Resources, and Current Events related to Education and Human Resources in Ontario K-12 Schools
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Federal Court of Appeal Revises Test for Family Status Discrimination - Blog : Stringer LLP

human rights, family status, johnstone, SGS, campbell river
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Supreme Court Allows Employees to “Double-Up” on Pregnancy and Parental Benefits - Blog : Stringer LLP

human rights, labour law, Surrey Teachers’ Association
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Dismissal for Absenteeism - Rudner MacDonald

In my most recent Canadian HR law blog post, I discussed two recent cases in which employees were fired as... Read more »
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Failure to mitigate reduces damages in Human Rights claim - Stringer LLP

Hamilton-Wentworth District School Board v Fair, human rights damages, Li v University Health Network
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Need for Accommodation of Disability - Duty to Disclose

accoDifferent courts treat the employee duty to disclose the need for accommodation of disability differently, which can be frustrating for employers.

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Morning Recess Webinar Series - Miller Thomson's Education Law group

Morning Recess Webinar Series - Miller Thomson's Education Law group | Human Resources and Education Law | Scoop.it
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New school year, new childcare needs | Canadian HR Reporter

It’s a good time to review family status accommodation obligations for employers
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Embracing Social Technology: A Call to Action [INFOGRAPHIC]

Embracing Social Technology: A Call to Action [INFOGRAPHIC] | Human Resources and Education Law | Scoop.it
Social technology is one of the hottest trends in talent management.  This is a topic we explore throughout our Talent...
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Employers Should Take Advantage of Human Rights Summary Hearings | Ontario Employer Advisor

Employers Should Take Advantage of Human Rights Summary Hearings | Ontario Employer Advisor | Human Resources and Education Law | Scoop.it
Summary Hearings at the Human Rights Tribunal - A Short History

A few years back, the human rights system in Ontario was overhauled. The Human Rights Commission was to no longer investigate complaints and refer them to the Human Rights Tribunal (if they had some merit).  All cases were to now go directly to the Tribunal for adjudication. Applicants (who are primarily employees) would have "direct access" to the Tribunal.

While the goal was to speed up the process, many employers soon found themselves forced to attend a hearing to defend frivolous complaints. The Tribunal responded by adopting a summary hearing process, which can be initiated by the Tribunal or at the respondent's request. Under this process, the applicant must demonstrate that the complaint has a "reasonable prospect of success". The summary hearing usually occurs by teleconference with limited disclosure of documents. If the application is not dismissed, it moves on to a full hearing.

Since then, many cases have been dismissed by the Tribunal because the allegations could not be linked to a prohibited ground of discrimination. The Tribunal routinely commented that it had no jurisdiction to deal with allegations of "unfairness". But what has truly been welcomed by employers has been
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Policy on preventing discrimination based on mental health disabilities and addictions | Ontario Human Rights Commission

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Employee misconduct: Is it cause for dismissal?

Employee misconduct: Is it cause for dismissal? | Human Resources and Education Law | Scoop.it
A recent case from the Ontario Superior Court of Justice serves as a good reminder to employers that there is a high standard to dismiss an employee for cause, particularly if the employee has a go...
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The Internet in Real Time: Web Usage Stats Per Second

The Internet in Real Time: Web Usage Stats Per Second | Human Resources and Education Law | Scoop.it
By the time you finish reading this sentence, there will have been 219,000 new Facebook posts, 22,800 new tweets, 7,000...
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Maintaining a Workplace Free of Sexual Harassment - Policy checklist

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Supreme Court Allows Employees to “Double-Up” on Pregnancy and Parental Benefits - Blog : Stringer LLP

human rights, labour law, Surrey Teachers’ Association
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The hardest part of being a manager: How to terminate an employee

The hardest part of being a manager: How to terminate an employee | Human Resources and Education Law | Scoop.it
I’ve done this six times as a manager and supported many more as an HR advisor. This advice is meant to help you through a very difficult conversation
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Education Law Newsletter | September 2014 Automated External Defibrillators in Schools

In April of 2009, grade 5 student Bezawit Chanyalew (“Bezawit”) suffered a cardiac arrest during gym class at her Vancouver school.  Before emergency workers could arrive, she suffered brain damage due to a lack of oxygen, leaving her with severe
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Accommodation not 'one size fits all' | Canadian HR Reporter

Ontario Human Rights Commission policy on mental health accommodation addresses questions on employer's right to medical documentation
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The 7-Step Interview Playbook - US News

The 7-Step Interview Playbook - US News | Human Resources and Education Law | Scoop.it
Here's what to do before, during and after the interview to come out a winner.
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Emond Harnden - Conversion from full-time to part-time due to excessive absenteeism – Arbitrator upholds Hospital’s action

The federal election has been called for January 23, 2006. Employers should be aware that, under the Canada Elections Act, they must provide employees paid time off to vote.
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Return to work and the duty to accommodate in non-WSIB cases

Return to work and the duty to accommodate in non-WSIB cases | Human Resources and Education Law | Scoop.it
So your employee is off work again for the third time this year, you have no idea when they are coming back and their physician’s note is a vague cipher. It is not a work injury, so you know you do...
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10 things to know about Ontario law and your vacation rights

10 things to know about Ontario law and your vacation rights | Human Resources and Education Law | Scoop.it
Canadian employees love their time off. They were the only ones in a global poll who chose additional paid time off as their preferred benefit.
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