Please note: The articles here provide only an overview and do not constitute legal advice. Do not make any decisions based on reading any of these articles alone. Specific legal advice suited to the reader is strongly advised.
Lai-King Hum A. INTRODUCTION Violations of the right to be protected against discrimination under the Human Rights Code (“Code”) are often rooted in prejudices or assumptions about a person’s abilities, capabilities and potential. In the workplace, reasons such as “you are not a good fit for us”, “we hired someone…
Six Minutes Employment Lawyer 2016 Author: Lai-King Hum May 4, 2016 Included in almost every defence to a wrongful dismissal claim is a failure on the part of a dismissed employee to mitigate the loss of his or her employment. This obligation to mitigate usually refers to the obligation of employees who…
Taking a Closer Look at Human Rights Commission Policy Directives: Policy on removing the "Canadian experience" barrier and Policy on preventing discrimination based on mental health disabilities and addictions
This paper will discuss and take a closer look at the two policy directives from the perspective of employment law and the regulation of professions: the Policy on removing the “Canadian experience” barrier (“Canadian Experience Policy”) and the Policy on preventing discrimination based on mental health disabilities and addictions (“Mental Health Policy”).
It is the classic Catch-22 situation: you need Canadian experience to get a job in Canada, and you need a job in Canada to get Canadian experience. Whether job-hunting or applying for professional accreditation in Ontario, the “Canadian experience” conundrum gives rise to a seeming paradox.
Mix high unemployment amongst recent graduates with a desire to gain experience and contacts by working for free, and a seemingly ideal opportunity for employers is created. However, employers expose themselves to claims and liability if they are seduced by the “free work” temptation to offer an unpaid internship without understanding what it entails.