Business Owners; are you going to be affected?
There is a good chance you will be affected. Unless your company policies, procedures and best practices strategies are up-to-date and precise.
June 20, 2008 marks the new Ontario Human Rights Amendment Act to reflect a system. Bill 107 [April 26, 2006] could make you forget about the daily duties of running your company and force you to revise the current policies to maintain company compliance.
Some of the major changes occurring
- Ontario Human Rights complaints will no longer be handled by the Commission
- the Commission will have the power to initiate a complaint
- the Commission will have the authority to hold public inquiries
- the Commission will be able to participate on any issue of public interest
- individuals, groups or the Commission must apply directly to the Tribunal
- current six month limitation period has been for filing a complaint has been extended to one year
- after June 30, 2008 an application may be made within one year following the incident.
If there is a series of elated incidents, a complaint can be filed after the most recent incident. (what does this mean for an employer - issues which come to light should be closely monitored for continuation of the incident. You cannot take action once and hope that nothing more will happen. It is now necessary to be proactive when an issue comes to light)
- IMPORTANT CHANGE: Existing remedial provisions have been replaced
- elimination of the $10,000 mental anguish damages cap
- NO UPPER LIMITS ON MONETARY AWARDS
- elimination of the requirement for applicants to show that an infringement was willful or reckless in order to claim mental anguish damages
If you THINK you need to review your company's operational "manual" and address the topics of Bill 107 to reflect a more positive image, time is wasting.
In addition, Bill 69 and Bill C-45 make the company directors, managers, supervisors, owners and anyone else responsible for dictating instructions, to be accountable for their own actions. Look for our next e-zine on those regs.
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