Human Rights Tribunals

Human Rights Tribunals deal with claims such as workplace harassment and discrimination due to age, race, religions, and other such grounds of discrimination prohibited by the Ontario Human Rights Code. Human Rights Tribunals do not have the jurisdiction to deal with wrongful dismissal and constructive dismissal; therefore, you should get advice from a qualified employment lawyer before filing a complaint with the Human Rights Tribunals.

The Human Rights Tribunals consist of two levels: provincial and federal. For the Ontario Human Rights Tribunal, there is a website located at http://www.hrto.ca/ which sets out more information on the workings of the tribunal and the forms used to commence an application.

Even if you have a complaint that would merit filing an application with the Human Rights Tribunals, most of our clients are able to resolve matters without resorting to the Human Rights Tribunals.  With each party represented by counsel (normally) and with proper analysis of the applicable Human Rights Code, common law and statutory factors governing notice and severance pay, we will represent your interests to ensure a fair and equitable resolution to your claim for discrimination or harassment arising out of the workplace.

The law surrounding your rights and obligations in the employment context is found in many different statutes including the Employment Standards Act, the Canada Labour Code, the Ontario Human Rights Code, the Canadian Human Rights Code, the Occupational Health and Safety Act, among others. In addition, there is a history of jurisprudence (case law) that has developed over time by judges deciding cases that collectively makes up the Common Law. Depending upon your fact situation, both statutory and common law principles may apply and need to be carefully considered when assessing a complaint before the human rights tribunals.

Often, we are able to resolve employment matters that would otherwise be brought before the human rights tribunals through negotiation/mediation when an employee is faced with discrimination under the Human Rights Code. Occasionally, negotiation is unsuccessful, and the matter must then proceed to through the courts or the Tribunal. Either way, negotiation or litigation, we have the skills and experience to effectively represent your interests and secure an appropriate result.

Without legal representation, you are at a significant disadvantage.  We have the years of experience and knowledge to effectively and vigorously represent your interests.  If you have been discriminated against either before, during, or after your employment because of one of the prohibited grounds, you should consult with an employment lawyer to see whether you have a potential claim.

As an employer faced with a Human Rights Complaint, we can help you navigate and resolve a dispute in this complex area of law.

Contact our experienced human rights tribunals lawyers at SBMB Law. Our highly experienced team of lawyers ensures top-notch representation.