Female employee was participant / instigator of crude, ongoing sexual banter; harassment complaint dismissed
In Kafer v. Sleep Country Canada and another (No. 2), 2013 BCHRT 289, the BC Human Rights Tribunal ruled that a female employee was participant in, and instigator of, crude and ongoing sexual banter and therefore dismissed her sexual harassment complaint against her employer, Sleep Country Canada.
In reaching this conclusion, the Tribunal Member stated the following:
 The Supreme Court of Canada has defined sexual harassment as "unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment": Janzen v. Platy Enterprises Ltd. (1989), 10 C.H.R.R. D/6205 at D/6227.
 In Mahmoodi v. University of British Columbia,  B.C.R.T.D. No. 52 (Q.L.) the Tribunal set out the test for whether conduct is unwelcome. It stated: read more »
"Elder care" recognized under "family status" protection for first time by Canadian Human Rights Tribunal
In Hicks v. Human Resources and Skills Development Canada, 2013 CHRT 20, the Canadian Human Rights Tribunal recognized "elder care" under the "family status" protection for first time.
BC HR Tribunal awards $900 in costs against former employee who tried to resile from settlement agreement
In Edwards v. Schnitzer Steel Pacific, 2012 BCHRT 335, the BC Human Rights Tribunal:
- granted the employer's application to dismiss the former employee's human rights complaint under section 27(1)(d)(ii) of the BC Human Rights Code; and
- awarded the employer $900 in costs due to the fact that the former employee had tried to resile from a settlement agreement that he had previously entered into, with the assistance of his lawyer, with the employer.
In Gulick v. Ottawa Police Service, 2012 ONSC 5536, the Ontario Superior court confirmed that an employee with "anger management issues" was not disabled for the purposes of the Ontario Human Rights Code and thus not entitled to accommodation.
Specifically, the court stated the following in this case, which involved the dismissal of a police officer:
 While the incident giving rise to the disciplinary hearing did involve
some consumption of alcohol and medications, the Hearing Officer found as a
fact that the incident was triggered by anger management issues with which the
applicant had been struggling for several years. The Hearing Officer found
that alcohol was, at most, an exacerbating factor. We are not aware of any
jurisprudence which has established that anger management issues will support a
finding of disability. read more »
Manitoba Human Rights Code to prohibit discrimination based on gender identity, disadvantaged social status
The Government of Manitoba issued a news release today concerning amendments to the province's Human Rights Code that would prohibit discrimination based on gender identity and disadvantaged social status.
The amendments are found in Bill 36, the Human Rights Code Amendment Act.
The release states as follows: