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Sports & Recreation

Does the Ontario Human Rights Code protect employees charged with a criminal offence?

Does the Ontario Human Rights Code ("OHRC") protect employees charged with a criminal offence? The answer is "no" based on a series of decisions by the Ontario Human Rights Tribunal ("OHRT") over the last year.

Ontario Human Rights Code

The OHRC prohibits discrimination in employment on the basis of an employee's "record of offences". The OHRC states that "record of offences" means a conviction for:

(a) an offence in respect of which a pardon has been granted under the Criminal Records Act (Canada) and has not been revoked, or

(b) an offence in respect of any provincial enactment.

Decision in de Pelham v. Mytrak Health Systems Inc.

In a February 2009 decision, de Pelham v. Mytrak Health Systems Inc. 2009 HRTO 172 (CanLII), the chair of the OHRT ruled that the "record of offences" provisions do not encompass criminal charges. Specifically, he stated:  read more »

Unite Here Local 40 and Aramark Sports and Entertainment reach tentative agreement

Jurisdiction: - British Columbia

The Vancouver Sun reported yesterday that Unite Here Local 40 and Aramark Sports and Entertainment reached a tentative collective agreement on March 20, 2009 for the food and beverage workers at GM Place.

According to the article, the tentative agreement, which is retroactive to December 11, 2008 and has a three year term, includes the following:

  • wage increases of 17 to 22% for non-tipped workers;
  • wage increases for tipped workers;
  • options for improving medical coverage; and
  • guarantees that workers are going to get the opportunity to work during the Olympics.

Food and beverage workers at GM Place vote 83% in favour of a strike

Jurisdiction: - British Columbia

The Vancouver Sun reported today that close to 750 food and beverage workers at GM Place voted 83% in favour of a strike last weekend.

The employees are represented by Unite Here Local 40. The employer is Aramark Sports and Entertainment. The collective agreement expired in December 2008.

You can read the full article here.