PM41261516
Guidelines on conducting sexual assault
investigations confirmed in Ontario PG.4
10 criteria used to determine whether
employer's sexual assault investigation was
adequate or discriminatory
AN ONTARIO worker was not discriminated against
because of her age and disability when her employer
tried to negotiate her retirement package and let her
go after she returned from sick leave, the Ontario
Human Rights Tribunal has ruled.
Irena Nowicki, 66, was a business representative
and organizer for the non-construction sector for
Local 1059 of the Labourers' International Union of
North America (LIUNA) in London, Ont. Hired in
August 1993, she reported to LIUNA's business man
-
ager, Jim McKinnon.
Nowicki had a good relationship with McKinnon
over the years. However, after an election for the ex-
ecutive board in 2010, McKinnon was unhappy be-
cause he had expected more of Nowicki's members
to vote. He asked Nowicki and other LIUNA employ-
ees to contribute one week's wages toward paying for
the mailing of a campaign flyer, but Nowicki refused
and things deteriorated between them.
In early 2015, Nowicki indicated that she planned
to retire at the end of May 2016. McKinnon met with
her and another business representative to discuss
a replacement. He suggested hiring someone part-
THE DISMISSAL of a Vancouver traffic
authority special constable was due to a list
of performance issues and not his physical
disability or race, the B.C. Human Rights
Tribunal has ruled.
Sandeep Singh Brar worked as a special
constable in the traffic authority unit for the
Vancouver Police Board (VPB). He joined
the unit in 2009, five years after immigrating
from India.
Employment with the traffic unit was on a
casual, part-time basis and Brar could accept
or decline any shifts that were offered. While
working a shift, unit members communi
-
cated with each other and their supervisors
via radio. Use of personal cellphones while
working was prohibited.
December 16, 2020
Truck driver unjustly dismissed
after truck stolen PG.3
Driver breached policy against
idling, but B.C.-based employer
didn't warn him of increased risk
of theft in area of truck stop
PERFORMANCE
on page 6 »
CREDIT:
MARGARITA-YOUNG
iSTOCK
SUPERVISOR on page 7 »
with Tim Mitchell
Employer's retirement
negotiations not discriminatory
Retirement offers were attempts to get worker out of office
sooner, but they weren't based on age or disability: tribunal
Ask an Expert PG. 2
Remote worker moving
to another city
Poor performance not
a discriminatory reason for dismissal
B.C. traffic officer downplayed performance concerns and claimed
dismissal was related to his physical disability, race
BY JEFFREY R. SMITH
BY JEFFREY R. SMITH
