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WSIAT

Employer in Ontario wins Appeal against Human Rights Tribunal

The Divisional Court found numerous deficiencies in both the “reasons” and “the process” of an HRTO Hearing that found that the employer had been discriminatory in a number of ways. These deficiencies were so significant, that it was “not possible to say that this was a fair hearing, nor that the findings of discrimination were reasonable”. In one instance, the Divisional Court stated that the HRTO’s finding was simply based on a “bald conclusion that is unsupported by any factual findings”.

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First time WSIAT has ever been overturned by the Divisional Court in Ontario

In Amin v WSIAT (…) the Divisional Court finally reversed the first WSIAT ever. Unfortunately, this case illustrates the tremendous challenges faced by employers especially as they relate to “probationary” employees who are not performing well.

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