Sentences with phrase «facie protected»

Not exact matches

It is sufficient for the inquiry committee to act, if it takes the view that there is a prima facie case and that the prima facie case, having regard to such material as is put before it by the registrant, requires that the public be protected by an interim order.

The Honourable Chief Justice Bauman decided that s. 35 can be used where an inquiry committee takes the (two - step) view «that there is a prima facie case and that the prima facie case, having regard to such material as is put before it by the registrant, requires that the public be protected by an interim order» [55 (iv)-RSB-.

The Court of Appeal found that in order to impose interim conditions on a massage therapist who is subject to a complaint, the Inquiries Committee has to conclude that there was a prima facie case to support the allegation and an interim order is required to protect the public.

Discrimination is not limited to rules and practices based only on the listed protected characteristics — it can also occur where a neutral rule / practice has an adverse impact and the protected characteristic is a factor in that adverse impact (for example, although language is not a protected ground, terminating someone's employment due to language difficulties could establish enough of a nexus between the language difficulties and that person's place of origin such that it establishes prima facie discrimination).

The tribunal concluded while the complainant's drug addiction was a disability protected under the legislation, there had been no prima facie discrimination.

In accordance with the Supreme Court of Canada's decision in Moore v British Columbia, a complainant must prove a prima facie case of discrimination under one of the prohibited grounds in one of the protected areas, e.g., employment, tenancy, etc..

However, safeguards have been introduced to protect directors from ill - founded claims, the main one being that shareholders will need to obtain the court's consent to continue a claim by showing that they have a prima facie case.

The court stated that Title VII provides the following elements for a prima facie case of employment discrimination:» (1) the plaintiff is within the protected class; (2) the plaintiff's performance of her job duties met the employer's legitimate expectations; (3) the plaintiff was terminated; and (4) the employer sought a replacement for the plaintiff.»