One of the most challenging issues that I deal with as an employment lawyer, whether I am counseling an employee or employer, is references.
In 2012 gender identity and gender expression became prohibited grounds of discrimination under the Ontario Human Rights Code. Apparently, Sugar Daddy’s nightclub in Mississauga did not hear the news. Its treatment of a transgender male in early 2015 was nothing short of horrendous.
It is true. Sometimes the law is an ass. Sometimes judges get things quite wrong. Brian’s case is an example. After 17 years of loyal service, unfortunately Brian was diagnosed with cancer. Within three months, he passed away.
By the spring of 2014 Stephen had worked for a real estate brokerage firm for just over 17 years and was 63 years old. He was the Vice President of Finance making over $180,000 a year.
QUESTION: I have an employee in the office of my small business who has worked for the company for about nine years. She just turned 69. She is a great person but unfortunately, over the last ten months or so her error rate has skyrocketed. It is not because she does not care because I know she does. I have, as kindly as possible, pointed out the increasing number of errors and have tried to figure out with her what we can do to reduce them. Nothing has worked. These errors are starting to hurt the business. What do I do?
When an employee negotiates a severance package, it usually takes either one of two forms: Either the employee gets a lump sum payment and all ties with their former employer are cut or they end up on a time limited salary continuance. A salary continuance means the employee is put on the regular payroll with normal deductions and most of their previous benefits coverage and continued pension participation.
Bradley owned a small real estate brokerage. Suzanne worked for him as a real estate agent. During her five years with the office, on more than one occasion she asked for advances against future commissions from Bradley and he often complied.
The Ontario Human Rights Code says that everyone has a right to “equal treatment with respect to employment without discrimination because of”, among other things, sex and marital status. It also indicates that “every person who is an employee has a right to freedom from harassment in the workplace by another employee because of” sex and marital status.
The question of how long an employer must wait before permanently replacing an employee who is off ill is a complex one. Spoiler alert: Bernice’s story will not provide clarity.
We have all heard that gender-biased saying that you should never ask a lady about her age. Even more importantly, never ask an employee about their retirement plans.