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Employer in Ontario wins Appeal against Human Rights Tribunal

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”. The now overturned October 7, 2009 HRTO decision found that the employer’s policies for dress code and rules for using the microwave were discriminatory. The Adjudicator also found that employer’s method of discipline was discriminatory and the employer failed to properly accommodate her religious attire. Finally, the Adjudicator also concluded that given all of this other discrimination that occurred, some degree of “discrimination” must have contributed to the dismissal itself. The employer no longer has to pay the $36,000 award and the employee is ordered to pay $10,000 in damages. The case is remitted back to the Tribunal for another hearing. The decision as a “whole is fatally flawed”, “patently unreasonable” and should be set aside. The entire decision will be enjoyable for employers to read.

Link: Divisional Court Decision

Link: HRTO Decision

Posted by Cézanne Charlebois

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