Wrongful Termination Claims
Human rights are the fundamental freedoms and rights that every person is entitled to. They include the right to life and liberty, freedom from torture or cruel treatment, the right to work, education and social security, freedom of expression and association, the right to equality before the law, the right to a fair trial and the presumption of innocence, and the right to take part in public affairs and elections. These rights are protected by international human rights law and enforceable through domestic legal proceedings. International law also sets out the obligations and duties of Governments to respect, implement and enforce human rights standards.
The United Nations has developed a body of human rights treaties that have been ratified by States around the world and form the basis of international wrongful termination law. Through ratification of these treaties, Governments undertake to put into place domestic measures and legislation that are compatible with their treaty obligations and duties. These treaties, which were adopted by the General Assembly of the United Nations, are legally binding on all States that have ratified them.
These treaties cover a wide range of issues relating to human rights including economic, political and social protections and responsibilities, civil and political rights, the rights of children and women, and the right to freedom of religion and belief. In addition, they provide for mechanisms and procedures for individual complaints and communications.
The Human Rights Code and Wrongful Termination Claims
Canada’s first human rights code was enacted in 1962 and came into force on June 15, the date chosen because it marks the 747th anniversary of the signing of the Magna Carta. The Code prohibited discrimination on 17 grounds and all other provincial laws must be in agreement with the Code.
The OHRC works to identify root causes of discrimination and bring about broad, systemic change to eliminate it. It does this by developing policies and programs, providing public education and monitoring, conducting research and analysis, and intervening in human rights cases before tribunals or courts on matters of broad public interest.
It also prohibits discrimination in New York City in employment, housing and public accommodations, such as restaurants, stores, hospitals and museums. Its protections include the right to reasonable accommodation, which is a change to the environment, terms or privileges of a service in order to make the service accessible to a person with a disability unless it would create an undue hardship for the business.
If you think your rights have been violated, you can file a complaint with the Tribunal – called an application – directly. The Tribunal decides whether your rights have been violated and what the best way to deal with your situation is. The Tribunal has a Legal Support Centre that helps people who file applications with the Tribunal by providing advice and services, such as legal representation. The Legal Support Centre can be reached by calling the Tribunal or visiting the clinic that comes to the Tribunal most Mondays to give free legal advice.
