Simon successfully defended his client at the Human Rights Tribunal of Ontario in a case involving an alleged discriminatory layoff following a maternity and paternity leave. This case highlights that not all layoffs or terminations following the end of a maternity and parental leave are discriminatory.
The employee has to prove more than timing to prove the layoff was discriminatory. In the absence of a discriminatory reason (direct or indirect) and considering the company’s explanation for the termination for business reasons, the layoff/termination will not violate the Human Rights Code. Employers should still be mindful of similar but separate obligations with respect to returning staff from maternity and parental leave under the Ontario Employment Standards Act, 2000.
A link to the ruling can be found here.

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