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In December 2020, the Committee for the Promotion of Equal
Opportunities and the Elimination of Discrimination at Work
( COORDIGUALDADE ) from the Public Labor Prosecution
Office ( MPT ) issued Technical Note 02/2020
( Technical Note ) to guide the agency in defending the
rights of the LGBTQIA+ population in the labor context.
According to the Technical Note, MPT guides that the Attorneys
of MPT recommend to employers (companies, public agencies,
individuals, and professional unions, from all economic sectors and
non-profit entities) that in legal actions, protocols and
operational guidelines, that they adopt the seven principles
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A series of changes to federal employment and labour laws came
into effect on January 1, 2020. Only federally regulated
businesses are affected. Such businesses include those
in aviation, banking, radio and television broadcasting, as well as
many First Nations activities.
Canada Labour Code
Administrative Monetary Penalty Regime
In December, we advised you (
here) about an administrative monetary penalty (AMP) regime
being introduced under the
Canada Labour Code (Code)
. The AMP regime allows for penalties up to $250,000 and the
public naming of employers who violate the Code.
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In a recent case before the Ontario Superior Court of Justice,
the Court was once again faced with a question surrounding the
deductibility of collateral benefits in the motor vehicle accident
context.
1, which arose from a 2016 motor vehicle accident,
the defendants brought a motion pursuant to Rule 21.01(1)(a) of the
Rules of Civil Procedure for a determination of an issue
prior to trial, namely whether the plaintiff s disability
pension benefits were deductible from damages for income loss.
Benefits at Issue
The benefits at issue on the motion were disability pension
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In brief - It is essential that co-ed schools in Victoria considering strategies to achieve gender balance obtain legal advice about appropriate exemptions to ensure anti-discrimination laws are not breached
Co-educational schools are increasingly aiming to offer learning experiences to students consistent with equal gender ratios. This often follows complaints from parents that classes are “swamped” with students of one gender (almost always more boys than girls) and that this may have implications for learning outcomes.
However, schools cannot just alter enrolments to address gender imbalance. In Victoria, obtaining an exemption under anti-discrimination legislation is the only way schools can lawfully introduce affirmative action policies to attract more female students.