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"It's opening the door to different standards of prima facie [proof] varying with the ground. That's certainly not the case in any other ground. We don't ask whether this is a serious interference." — ANDREW RAVEN, RAVEN CAMERON BALLANTYNE & YAZBECK LLP a business won't hire certain groups or that it actively seeks to refuse accommo- dation in family status cases. But since it's rare to have such a smoking gun, Lublin ends up looking at the circumstances. If the person making the allegation was the only one fired or affected by a pol- icy, there might be a case. Lublin says because businesses have been scrutiniz- ing employees' performance generally and have been laying off lots of people, substantiating allegations is a challenge as "the economy is creating another defence that didn't otherwise exist." In terms of family status, the waters become even further clouded by the fact many human rights statutes don't explic- itly state what the term means. As Mac Neil points out, while courts and tri- bunals generally acknowledge requests to accommodate caring for children or grandparents, whether protection would extend to other relationships is unclear. At the same time, he notes the Campbell River decision, which showed some apprehension over the potential for fam- ily status claims to create mischief in the workplace, also highlights the fact that people requesting accommodation have a duty to make their best efforts to look for care. "If you read the cases, one sees this theme that [parents] have a certain responsibility to have arrangements for child care. I think that inevitably that emp l oyme n t o c c u pa t i o n a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e - t y a n d i n s u r a n c e pa y e q u i t y immi g r a - t i o n emp l oyme n t o c c u pa t i o n a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e t y a n d i n s u r a n c e pa y e q u i t y imm immi g r a t i o n emp l oyme n t o c c u pa t i o n - a l h e a l t h a n d s a f e t y h uma n r i g h t s wo r k p l a c e s a f e t y a n d i n s u r a n c e pa y First in Labour Law Since 1956 Toronto 416.862.8280 Sarnia 519.336.5447 Sault Ste.Marie 705.253.3711 Since being founded in 1956 as the Country's first labour relations and employment law firm, Mathews Dinsdale has been dedicated to helping employers manage the increasingly complex laws relating to the workplace. For over 50 years, our lawyers have played a significant role in shaping labour – management relations. Today, with offices in Toronto, Sarnia and Sault Ste. Marie, Mathews Dinsdale continues to have one of the Country's most highly regarded management labour and employment law practices. It continues to be our goal to help management manage – and succeed. there's going to have to be a negotiation between the parents and the employer." The answers about how far employ- ers should go in accommodating family status issues remain elusive. In the meantime, Monti expects that in Ontario, at least, recent changes speed- ing up hearings for human rights complaints will likely bring more cases like Day's to the forefront. Still, while he predicts family status will be a growing area for litigation, he doesn't expect clarity will come soon, especially given the potential for ongoing appeals in cases like Johnstone's. "I think we're going to be in a period of flux for quite some time," he says. Canadian Employment Law Also available on CD-ROM or Internet! Stacey Reginald Ball One of Canada's foremost employment authorities provides an examination of the facts you can count More than 5,500 cases cited! This one-stop reference provides a thorough survey of the law. It clearly analyzes current law and developing trends, suggests potential avenues of attack as well as identifies potential weaknesses in the law. The subject-matter is wide-ranging and addresses issues such as: • wrongful dismissal • fiduciary obligations • constitutional issues … and more ORDER your copy today Looseleaf & binders (2) • $297 Releases invoiced separately (3-4/yr) • P/C 0439030000 Vol. 1 ISBN 0-88804-218-3 • Vol. 2 ISBN 0-88804-362-7 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY www.mathewsdinsdale.com For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. CL0109 www. C ANADIAN Law ye rmag.com A UGUST 2009 41 BALL_Canadian Employment Law (CL 1-4sq).indd 1 1/19/09 2:54:34 PM