Summary - EMPLOYMENT LAW -Final Exam Study Notes

Cases: - Christie v York- no role in C.L against discrimination in K law - Seneca v Bhadauria-still no role for C.L against discrimination in K b/c legislature has passed law- HRC HRC case called Carasco where a law prof at U of Windsor law school claimed she didn’t get the deans job because of racial discrimination- she claomed correctly that should the tribunal find in her favour they could place her in the job. Without ruling on merits of complaint, tribunal agreed they have the power to do so-big change from CL - When working on the HRC it is useful to consider two questions to determine if an employer rule or practice violates the code: Has there been PROHIBITED discrimination? If yes, is the prohibiteh discrimination allowed/permitted nevertheless a? Discrimination: giving certain persons/groups better or worse treatment on immaterial grounds that relate to something inherent in the person/group Direct and indirect discrimination/ s.5(1) also look at s.7 sets out the grounds upon which you can’t discriminate in Ontario for employment-if other grounds then discr OK Complaint needs to be made under one of the HRC grounds.  Direct discrimination: easy to identify