What is the test for determining whether an employer has to explain to a plaintiff’s employer why they are required to do so?

Ontario, Canada


The following excerpt is from Potvin v. Hydro One Networks, 2009 HRTO 2123 (CanLII):

In Potocnik v. Thunder Bay (City) (No. 3) (1996), 29 C.H.R.R. D/333, at para. 16 the adjudicator put the issue thus: “In simple terms, there must be something that would make a reasonable person say that the employer has some explaining to do.”

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