Free legal advice: Employee can be fired for working during breaks

Recently, I was fascinated by a decision by the Ontario Human Rights Tribunal. An employee as dismissed for working through her break.  Doesn't this sound ridiculous? 

So lets break down the facts to understand it better. 

A sales person who has won numerous awards was given a 'final' warning in writing on account of her abrupt behavior with co-workers and for working beyond her usual hours. This implies that she would skip her breaks by coming back to the shop floor to work. Following this warning, she filed a complaint alleging that she was being given adverse treatment on racial grounds. Even before a hearing was held to look into her complaint, she was terminated. 

In this particular case, the employer's stance is that it has a right to fire an employee for working through a break. Legal issue that rose was: Did the employer fire the employee in retaliation for the complaint she had filed? 

Interestingly, the tribunal agreed with this point raised by the employer and held that the real reason of the dismissal was not a retaliation of any sort.

You can refer to this case in detail here.  

This decision raises several questions. Why should the employers be held liable as per Canada's laws for work that is performed by an employee during break hour? Is this legal approach justified? Does it protect the rights of all stake holders? What is its real objective? Obviously, it puts pressure on employers and adds a severe risk of dismissal to employees who want to work beyond the prescribed hours?

It would be interesting to know your thoughts on this Canada law decision. 

Canada's most famous case in 2012: Can you claim planets as your property?

In 2012, Canada's most-talked about case was that of Sylvio Langevin [refer to 2012 QCCS 613 (CanLII)] who claimed the Earth and other planets such as Mercury, Venus, Jupiter, Saturn and Uranus as his property. This report states that the case had been referred to more than 19,000 times. 

Here comes the funny bit. Langevin was too late to claim the 'Sun' as property because a Spanish woman had done so already! 

Given the peculiar claim, the applicant has been barred from filing further claims. This doesn't surprise me at all. 

What's the weirdest case you have ever read about? It would be fun to know.

Online law advice: Autism rate in Ontario and Gaps in Formulating an Action Plan

According to recent news reports, the autism rate in Ontario is estimated to be one in 88 children. In fact, the average age for a child to be diagnosed with autism in Ontario is 3. You can imagine how this can be a heart-breaking wait for parents, particularly as they would eb the first ones to notice and perhaps document the early signs at the time of birth itself. While all experts agree that a child who is diagnosed with autism requires to be put into treatment, parents cannot do so easily without funds from the state. Why? The answer is simple. Therapy for autism in Ontario requires them to shell out $60,000 for a year.

Despite promises by politicians to improve this grim scenario, there has been very little action in tackling this fast growing developmental disorder. Canada's Charter of Rights states that every Canadian citizen has access to equal rights, including people with disabilities. No one has any doubts that autism is a disability.While some say that Ontario is on the right track, many point out that enough is not being done to help or support the affected families.

What is worse, once given a diagnosis, the wait for services can be as long as four years — a damaging loss of time for a child.

Autism Therapy: The Way forward

Some of the simplest solutions are the toughest to implement. But I believe these can work wonders in bridging the gap between the waiting period and the actual treatment process :

1. Reduce the waiting period with planned medical intervention that can be spread out into diagnostic phases. The authorities will have to differentiate between how public and private therapy can enter this picture at varied time slots.

2.  Parents require a free therapy counselling system that provides them with integrated service solutions that will not cost them at all. 

3. As the age of the autistic child increases, parents will have to tackle crises after crises. There is an urgent need to develop proactive involvement between the parent and the counselor to find a tailor made action plan for the autistic child.

What is sad is that in India, the scenario is much more bleaks. There is rampant red tapism, procedural delays and many other factors that make it very difficult for parents of autistic children to give them fair opportunities. In fact, there isn't enough proven statistics on autistic children in India, what treatment processes they undergo and what the role of the government is in helping them move forward. 

We live in a world where laws appear more humane than the people. 

Wildlife Laws: Should India learn something from Bangkok's Smiling Elephant Law

India should probably take a cue from countries that actually work on wildlife laws rather than just legislate on them.

There is a law in Thailand that is called as the ‘Smiling elephant’ law. People who are caught feeding the elephants will be fined and may even face a prison sentence of up to six months. 'Begging' elephants are common in Thailand the the authorities are taking a tough stand by passing such stringent laws to curb the same. 

Another instance is that of the Hagenbeck's Tierpark that is well known for taking care of elephants for over a century. It is also recognized for keeping animals in a carefully prepared environment. The keepers have brought out a handbook that is based on their experience while handling elephants and other animals in the Park. 

Such initiatives are not forthcoming in India and perhaps not documented in the first place because most of the mahouts and keepers in Parks are not encouraged to document their findings in the first place. Thus, we lose considerable first hand data and reporting that can be useful for understanding and improving India's wildlife laws.

Bangkok voted as Asia's No 1 Travel Destination

The Seoul Times online reported that Bangkok has been voted as Asia's No 1 travel destination in Condé Nast Traveler’s annual Readers’ Choice Awards. It is interesting that  Bangkok was rated ahead of other world-class destinations such as Vancouver, Sydney and Buenos Aires. You can read the full report here. Also, do read my post on the use of coconuts in Thai food in case you had missed it earlier.

What's your dream destination? When do you plan to visit it? 

Ireland's Abortion Laws: Culprit is Lack of Medical Consensus, Not Religion

As a lawyer, I don't want to take a stand for nor against legalised abortion – but it is indeed a tragedy that a young Indian woman called Savita lost her life and died of septicaemia after three days, mainly because the doctors denied her request to have an abortion, knowing very well that she was having a miscarriage. 

By citing the Irish abortion law and expressing their decision to not grant her request, the Irish doctors, with full knowledge of the implications of such a decision on her life, had purposely failed in  their first and foremost duty as medical professionals - to save lives.

Why didn't the Irish doctors consider inducing birth early? That would have been permissible as per Irish law. If nothing else, in all probability, it would have been medically possible for the doctors to have saved Savita without flouting the Irish abortion law. To me, this case is more about medical protocols and consensus than a ridiculously hyped religious approach to the issue of abortion. Yes, that may be there but this problem could have been solved if some kind of a medical consensus had been formulated on time.  It marks an institutional failure that should never have happened in a country like Ireland.

Interestingly, in India, the discussion is ridiculously pinned on the religious angle. We are constantly debating on the right and wrong of religions dictating choices on abortion. 

How predictable! We in India need a religious angle to everything to make the discussion more 'fervent and popular' with the laypersons as well as the so called social intellectuals.  It also becomes an opportunity to lament all that is wrong because of religion. While the fact is that all that is wrong is in our own interpretation and practice of it.

Savita's case may become a textbook study for human rights students or it may signal a new chapter in international law.  What the world needs is a more humane approach by medical practitioners and a keenness to drive home ethical accountability and responsibility with more transparency.

This applies not only to Ireland but to all countries where such systemic failures in the healthcare sector costs precious lives.

What are your views on the abortion laws in your country esp if applied to life-threatening situations such as Savita's case? Do let me know your thoughts.  

Diwali greetings 2012 from Axess Legal Corp

The year 2012 has been a significant one for Axess Legal Corp. I thank God for guiding us every step of the way. Many acquaintances and references that came from the legal fraternity became an important part of our transition this year. 

The most interesting thing about Axess Legal Corp is that we have not been chasing clients or networking to gain high profile matters. We do not mislead clients into believing anything that is ethically not acceptable to us. In fact, we have not used any kind of publicity to advertise what we do. Our motto has been simple. To serve, to bring access to justice to those who deserve it. From Day one, we have fought cases of every type wholeheartedly.  

This year, in May, we set up a new office and hired a very talented young team to join us in the journey that we have ahead of us. The team has been carefully handpicked for not just talent but their attitude to work and clients. Yes, the fact that they are young and willing to learn new things and work hard hours makes us proud that we have the right team on board. 

There is no doubt that we have a long way to go. What we value most is that your prayers, good will, and enthusiasm have helped us in every step of the way. This has nothing to do with money and everything to do with the values that we embrace as a growing organization and you have helped us value it even more.

Diwali greetings and wishes to all of you dear friends from Axess Legal Corp (ALC).     I thank you all for the encouragement that you have extended to me personally. Wishing you and your loved ones everything auspicious that this festive occasion is sure to bring, I hope that you will include ALC in your loving thoughts too.  

Happy Diwali!