July 16, 2009 , 09:53am

Conflict Matters: Human Rights on Employment

By Caecil Norman, M.A.

The Ontario Human Rights Code (Code) promotes equal employment opportunity and the right to equal treatment with respect to employment under the Code. It covers all aspects of employment including recruitment, hiring, training, transfer, promotion, apprenticeship terms, dismissal and layoffs. The Code protects job seekers and employees and states:

Every person has a right to equal treatment with respect to employment without discrimination because of disability, sex, sexual orientation, age, record of offences, marital status, family status, creed, race, colour, ancestry, place of origin, ethnic origin or citizenship.

Every person who is an employee has a right to freedom from harassment in the workplace by the employer or agent of the employer or by another employee because of race, ancestry, place of origin, ethnic origin, colour, creed, age, sex, sexual orientation, marital status, family status, disability, record of offences or citizenship.

Every person has a right to claim and enforce his or her rights under the Ontario Human Rights Code, to institute and participate in proceedings under the Code and to refuse to infringe a right of another person under the Code, without reprisal or threat of reprisal for so doing.

The Code is built upon the principle that employment decisions should be based on merit, and not on criteria that are unrelated to job performance.

The employer’s responsibility to prevent or stop harassment is recognized in the Code. The provisions of the Code apply to trade unions and self-governing professions as well as employers.

The Code recognizes the need to balance the concerns of the employee and the needs of the employer. Even where discrimination does not exist, conflicts may arise because of a lack of clarity with respect to requirements and expectations in the workplace.

It is a reasonable expectation in the workplace that employees and job seekers, in accordance with the law and the terms of any collective agreement, be considered and compete equally for jobs for which they are qualified; be advised of shortcomings and permitted an opportunity to effect improvement in job performance; work in an environment that is free from discrimination and harassment; work for an employer who upholds the intent of the Human Rights Code, and who will act promptly to remedy problems that may arise in the workplace; and be able to file an application with the Human Rights Tribunal of Ontario, without fear of reprisal, if they believe that their rights under the Code have been infringed.

It is reasonable that employers, in accordance with the law and the terms of any collective agreement, define specific employment needs according to business priorities; require job-related qualifications and experience; hire and promote the most suitable persons for specific positions; establish measurable standards for evaluating job performance; require adherence to clearly defined job descriptions and acceptable performance criteria; discipline, demote or dismiss incompetent, negligent or insubordinate employees; establish salary or wage scales, either independently or through negotiation; set employment terms and conditions so long as they conform with minimum employment standards specified by law; expect a full and impartial inquiry of any Application filed against them under the Code, and the resolution of well-founded Applications, or the dismissal of Applications that are trivial, frivolous, vexatious or made in bad faith.

The Human Rights Tribunal of Ontario deals with all claims of discrimination filed under the Ontario Human Rights Code. The Tribunal resolves Human Rights Applications through mediation or adjudication. Its goal is to resolve claims in a fair, open and timely manner.

The Human Rights Code represents the fundamental principles upon which Ontario’s society is based. The Tribunal plays an important role in ensuring that those rights have real meaning.

Persons who believe that their Human Rights are violated can file an Application with the HRTO. The Tribunal is a neutral, adjudicative agency and cannot provide legal advice to members of the public. An independent lawyer or other qualified legal representative would be in the best position to advise you of your rights and options.

Cecil Norman is Director, Conflict Resolution at Human Rights Advisory Services. Cecil specializes in Human Rights and Conflict Resolution in Employment. Cecil’s column on Conflict Matters appears monthly. You may reach him via email at cnorman@hras.ca

(PRESS RELEASE)

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Mr. Norman, I can appreciate that it is good practice and may be incumbent upon a man in your position to inform employees of their human rights under the Code in the workplace. However, I would urge you to dig deeper into the procedural fairness afforded to applicants who bring applications before the tribunal, or perhaps a better way to put it is, the gross lack of procedural fairness. I won't go into any detail so you and readers will either take me at my word or they won't. The human rights tribunal of ontario is a disturbingly unfair and unjust jungle for a litigant to be without legal representation by a lawyer who has experience and success in appearing before this tribunal specifically. Tribunal adjudicators, I feel comfortable in warning you, are viciously corrupt to a complainant only, yes you heard me correctly, I sai

Mr. Norman, I can appreciate that it is good practice and may be incumbent upon a man in your position to inform employees of their human rights under the Code in the workplace. However, I would urge you to dig deeper into the procedural fairness afforded to applicants who bring applications before the tribunal, or perhaps a better way to put it is, the gross lack of procedural fairness. I won't go into any detail so you and readers will either take me at my word or they won't. The human rights tribunal of ontario is a disturbingly unfair and unjust jungle for a litigant to be without legal representation by a lawyer who has experience and success in appearing before this tribunal specifically. Tribunal adjudicators, I feel comfortable in warning you, are viciously corrupt to a complainant only, yes you heard me correctly, I said: complainants only. Any person who brings another complaint to add to the backlog that they are still, and will be for a long long time, trying to clear is an enemy of Dalton McGuinty and his adjudicating puppets. Therefore, by definition, a respondent and the tribunal are on the same side...dismiss this complaint. You do not, of course, have to take my word for it, but it is, at the very least, not harmful in any way to give some thought to it. Or better yet, get it directly from the horse's mouth... Ask those whom have brought a complaint to the tribunal on or after June 30, 2008 under the new amendments.
Reply

0 : 0

~Daniel Noronha

15yrs ago

X

Mr. Norman, I can appreciate that it is good practice and may be incumbent upon a man in your position to inform employees of their human rights under the Code in the workplace. However, I would urge you to dig deeper into the procedural fairness afforded to applicants who bring applications before the tribunal, or perhaps a better way to put it is, the gross lack of procedural fairness. I won't go into any detail so you and readers will either take me at my word or they won't. The human rights tribunal of ontario is a disturbingly unfair and unjust jungle for a litigant to be without legal representation by a lawyer who has experience and success in appearing before this tribunal specifically. Tribunal adjudicators, I feel comfortable in warning you, are viciously corrupt to a complainant only, yes you heard me correctly, I sai

Mr. Norman, I can appreciate that it is good practice and may be incumbent upon a man in your position to inform employees of their human rights under the Code in the workplace. However, I would urge you to dig deeper into the procedural fairness afforded to applicants who bring applications before the tribunal, or perhaps a better way to put it is, the gross lack of procedural fairness. I won't go into any detail so you and readers will either take me at my word or they won't. The human rights tribunal of ontario is a disturbingly unfair and unjust jungle for a litigant to be without legal representation by a lawyer who has experience and success in appearing before this tribunal specifically. Tribunal adjudicators, I feel comfortable in warning you, are viciously corrupt to a complainant only, yes you heard me correctly, I said: complainants only. Any person who brings another complaint to add to the backlog that they are still, and will be for a long long time, trying to clear is an enemy of Dalton McGuinty and his adjudicating puppets. Therefore, by definition, a respondent and the tribunal are on the same side...dismiss this complaint. You do not, of course, have to take my word for it, but it is, at the very least, not harmful in any way to give some thought to it. Or better yet, get it directly from the horse's mouth... Ask those whom have brought a complaint to the tribunal on or after June 30, 2008 under the new amendments.
Reply

0 : 0

~Daniel Noronha

15yrs ago

X

Mr. Norman, I can appreciate that it is good practice and may be incumbent upon a man in your position to inform employees of their human rights under the Code in the workplace. However, I would urge you to dig deeper into the procedural fairness afforded to applicants who bring applications before the tribunal, or perhaps a better way to put it is, the gross lack of procedural fairness. I won't go into any detail so you and readers will either take me at my word or they won't. The human rights tribunal of ontario is a disturbingly unfair and unjust jungle for a litigant to be without legal representation by a lawyer who has experience and success in appearing before this tribunal specifically. Tribunal adjudicators, I feel comfortable in warning you, are viciously corrupt to a complainant only, yes you heard me correctly, I sai

Mr. Norman, I can appreciate that it is good practice and may be incumbent upon a man in your position to inform employees of their human rights under the Code in the workplace. However, I would urge you to dig deeper into the procedural fairness afforded to applicants who bring applications before the tribunal, or perhaps a better way to put it is, the gross lack of procedural fairness. I won't go into any detail so you and readers will either take me at my word or they won't. The human rights tribunal of ontario is a disturbingly unfair and unjust jungle for a litigant to be without legal representation by a lawyer who has experience and success in appearing before this tribunal specifically. Tribunal adjudicators, I feel comfortable in warning you, are viciously corrupt to a complainant only, yes you heard me correctly, I said: complainants only. Any person who brings another complaint to add to the backlog that they are still, and will be for a long long time, trying to clear is an enemy of Dalton McGuinty and his adjudicating puppets. Therefore, by definition, a respondent and the tribunal are on the same side...dismiss this complaint. You do not, of course, have to take my word for it, but it is, at the very least, not harmful in any way to give some thought to it. Or better yet, get it directly from the horse's mouth... Ask those whom have brought a complaint to the tribunal on or after June 30, 2008 under the new amendments.
Reply

0 : 0

~Daniel Noronha

15yrs ago

X

Mr. Norman, I can appreciate that it is good practice and may be incumbent upon a man in your position to inform employees of their human rights under the Code in the workplace. However, I would urge you to dig deeper into the procedural fairness afforded to applicants who bring applications before the tribunal, or perhaps a better way to put it is, the gross lack of procedural fairness. I won't go into any detail so you and readers will either take me at my word or they won't. The human rights tribunal of ontario is a disturbingly unfair and unjust jungle for a litigant to be without legal representation by a lawyer who has experience and success in appearing before this tribunal specifically. Tribunal adjudicators, I feel comfortable in warning you, are viciously corrupt to a complainant only, yes you heard me correctly, I sai

Mr. Norman, I can appreciate that it is good practice and may be incumbent upon a man in your position to inform employees of their human rights under the Code in the workplace. However, I would urge you to dig deeper into the procedural fairness afforded to applicants who bring applications before the tribunal, or perhaps a better way to put it is, the gross lack of procedural fairness. I won't go into any detail so you and readers will either take me at my word or they won't. The human rights tribunal of ontario is a disturbingly unfair and unjust jungle for a litigant to be without legal representation by a lawyer who has experience and success in appearing before this tribunal specifically. Tribunal adjudicators, I feel comfortable in warning you, are viciously corrupt to a complainant only, yes you heard me correctly, I said: complainants only. Any person who brings another complaint to add to the backlog that they are still, and will be for a long long time, trying to clear is an enemy of Dalton McGuinty and his adjudicating puppets. Therefore, by definition, a respondent and the tribunal are on the same side...dismiss this complaint. You do not, of course, have to take my word for it, but it is, at the very least, not harmful in any way to give some thought to it. Or better yet, get it directly from the horse's mouth... Ask those whom have brought a complaint to the tribunal on or after June 30, 2008 under the new amendments.
Reply

0 : 0

~Daniel Noronha

15yrs ago

X

Conflict Matters: Human Rights on Employment

Conflict Matters: Human Rights on Employment

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