In case Wilson v. Solis Mexican Foods Inc., 2013 ONSC 5799 (CanLII) at para. 56 the court states a decision to terminate an employee based in whole or in part on the fact that an employee has a disability is discriminatory contrary to the Code. If an employer regards disability as a factor justifying termination (or other negative treatment), the employee in question is not receiving “equal treatment...without discrimination”
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Duty to investigate discrimination
In the case of Stillo v. Toronto Transit Commission, 2011 HRTO 2143 (CanLII), at para. 29 it states “ I fully accept that respondent has duty to investigate complaints of discrimination or harassment; that the duty to investigate is the means by which an employer ensures that it is achieving the Code mandated responsibility of operating a discrimination-free environment.”
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Gender based termination
According to Wedley v. Northview Co-operative Homes Inc., 2008 HRTO 13 (CanLII), even when there are legitimate bases for terminating the complainant’s employment, if one of the considerations is related to a protected ground under the Code, her being gender, then the termination will be held to be a violation of the Code.
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