CANADA CAN.1

CANADA CAN.1 Adverse effect discrimination ― employee forbidden by creed to work on Saturdays ― employment rule, imposed for business reasons, requiring work on that day ― employer's duty to take reasonable steps to accommodate employee ― Ontario Human Rights Code HEADNOTES Facts Having joined the Seventh-Day Adventist Church, an employee could no longer, without being inconsistent with her faith, work on Saturdays. These were not only normal working days but were also periods of intense sale activity in the retail store in which she worked. As she persisted in her sincere refusal, the employee was discharged. Her otherwise good employee record prompted the employer to offer her part time replacement employment, which she accepted. Hence, the employee's present claim to the difference in salary from the time of her dismissal to the moment at which she was herself no longer seeking reinstatement in her former full time employee status. The termination of the full time employee relationship was alleged to result in discrimination respecting a condition of employment, on account of the employee's creed, contrary to the Ontario Human Rights Code. Decision The Supreme Court of Canada, reversing the courts below, accepted the con- clusion. The employer's requirement in http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

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Publisher
Martinus Nijhoff
Copyright
Copyright 1985 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
D.O.I.
10.1163/221160286X00093
Publisher site
See Article on Publisher Site

Abstract

Adverse effect discrimination ― employee forbidden by creed to work on Saturdays ― employment rule, imposed for business reasons, requiring work on that day ― employer's duty to take reasonable steps to accommodate employee ― Ontario Human Rights Code HEADNOTES Facts Having joined the Seventh-Day Adventist Church, an employee could no longer, without being inconsistent with her faith, work on Saturdays. These were not only normal working days but were also periods of intense sale activity in the retail store in which she worked. As she persisted in her sincere refusal, the employee was discharged. Her otherwise good employee record prompted the employer to offer her part time replacement employment, which she accepted. Hence, the employee's present claim to the difference in salary from the time of her dismissal to the moment at which she was herself no longer seeking reinstatement in her former full time employee status. The termination of the full time employee relationship was alleged to result in discrimination respecting a condition of employment, on account of the employee's creed, contrary to the Ontario Human Rights Code. Decision The Supreme Court of Canada, reversing the courts below, accepted the con- clusion. The employer's requirement in

Journal

International Labour Law Reports OnlineBrill

Published: Jan 1, 1985

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