Canadian Employment Law Today

November 4, 2020

Focuses on human resources law from a business perspective, featuring news and cases from the courts, in-depth articles on legal trends and insights from top employment lawyers across Canada.

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PM41261516 The impact of Black Lives Matter on employment-related human rights claims PG. 4 Social movements are putting employers under pressure to make sure they're equipped to handle workplace human rights issues A WORKER'S dispute over a shift change had more to do with his pay and seniority than his family status, the Ontario Human Rights Tribunal has found. Ryan McClean worked for Dare Foods, a food manufacturer based in Cambridge, Ont. Hired in January 2006, McClean worked shifts that ran from either 2:30 p.m. to 10:30 p.m. or 2 p.m. to 10 p.m. Monday to Friday. In September 2015, McClean took critical ill child-care leave and parental leave after his daugh - ter was born. While on parental leave, his supervi- sor asked him if he wanted to work a weekend shift schedule that was going to be created once he re- turned. This schedule entailed working two shifts totalling 24 hours at time and one-half. McClean agreed to work the weekend shift when he returned on Sept. 2, 2016. Although the change resulted in a pay cut — at the time-and-one-half rate, it would be the equivalent of being paid for 36 hours per week as opposed to the 40 hours per week he worked before going on leave — McClean would save on daycare costs for his daughter be - AN ONTARIO car dealership must pay a former employee almost $60,000 after it discriminated against her by mishandling her sexual harassment complaint against a manager. The worker joined Cooksville Hyundai, a car dealership in Mississauga, Ont., in Novem - ber 2015 as a parts delivery driver. Her job en- tailed loading automotive parts into a vehicle each morning and delivering them to various dealerships in the area. On March 26, 2016, the worker's boss — who was the manager of Cooksville's parts and service department —invited her to his hotel room for some drinks and to talk about some personal problems he was having. They had several alcoholic drinks over the course of the November 4, 2020 B.C. worker's sex harassment complaint has bite PG. 3 Worker repeatedly told boss to stop touching her; worker suffered adverse treatment and termination because of her sex COMPANY on page 6 » CREDIT: TRAMINO iSTOCK CREDIT: LEOPATRIZI iSTOCK MORE EXPENSIVE on page 7 » with Brian Johnston Shift change request not an accommodation request Worker had to pay more for child care, but issues he raised with employer related to pay and junior co-workers getting more hours Ask an Expert PG. 2 Paying on-call employees Ontario car dealership owes harassed worker $60,000 Company adopted 'he said/she said' approach and didn't dig into sexual harassment allegations against manager BY JEFFREY R. SMITH BY JEFFREY R. SMITH

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