The Federal Court has weighed in on the side of broader application of family status discrimination. Employers can expect more requests for accommodation of the choices their employees make about how they will meet their childcare responsibilities. We have discussed this issue and reviewed the competing theories in an earlier post. This most recent case (Johnstone)… → Read More
Category Archives: Family Status
Subscribe to Family Status RSS FeedMonth in Review
Posted in Accommodation, Age, Benefits, Compensation, Pensions, Damages, Discipline, Discrimination, Employee Obligations, Employment Standards, Family Status, Human Capital, Human Rights, Immigration, Investigations, Just Cause, Labour Relations, Litigation, Murphy's Laws of HR, Privacy, Recruiting, Termination, Unions, US vs.Canadian Employment Law, Wage and Hours, Workers Compensation, Wrongful DismissalThe bloggers of BC Employer Advisor issued our first Month in Review to summarize our most recent posts. Visit the summary here.
Family Status Discrimination: How Broad Is It?
Posted in Accommodation, Discrimination, Family Status, Human RightsControversy over the proper test for finding discrimination on the basis of family status continues. The main contenders are a change imposed by the employer causing serious interference with a substantial duty (the Campbell River test); and any adverse effect (the Johnstone test). To compare the difference in practical terms, consider childcare obligations. The first test… → Read More
Claim for Damages for Breach of Privacy
Posted in Discipline, Family Status, Litigation, PrivacyThe Ontario Court of Appeal has created a new cause of action. It is now possible to sue for damages for a breach of privacy. Tsige and Jones were employees at different branches of the Bank of Montreal. They did not know each other, but Tsige had a relationship with Jones’s ex-husband. Tsige looked at… → Read More
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