A Place for Mediation Inc.

Before you litigate, always mediate.

Human Rights Code

Disability Termination

In case Wilson v. Solis Mexican Foods Inc., 2013 ONSC 5799 (CanLII) at para. 56 the court states a decision to terminate an employee based in whole or in part on the fact that an employee has a disability is discriminatory contrary to the Code. If an employer regards disability as a factor justifying termination (or other negative treatment), the employee in question is not receiving “equal treatment...without discrimination”

Duty to investigate discrimination
In the case of Stillo v. Toronto Transit Commission, 2011 HRTO 2143 (CanLII), at para. 29 it states “ I fully accept that respondent has duty to investigate complaints of discrimination or harassment; that the duty to investigate is the means by which an employer ensures that it is achieving the Code mandated responsibility of operating a discrimination-free environment.”

Gender based termination
According to
Wedley v. Northview Co-operative Homes Inc., 2008 HRTO 13 (CanLII), even when there are legitimate bases for terminating the complainant’s employment, if one of the considerations is related to a protected ground under the Code, her being gender, then the termination will be held to be a violation of the Code.