Hill v. Air Canada

Hill v. Air Canada

On the balance of probabilities the complainant failed to prove he was discriminated against or harassed; the evidence established a personality and authority conflict, credible employer investigations and remedial steps, and insufficient nexus or probative evidence that race was a determinative factor; complaints dismissed.

Citation
2003 CHRT 9
Parties
Complainant: Yul F. Hill; Commission: Canadian Human Rights Commission; Respondent: Air Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
18 February 2003
Procedural Posture
Canadian Human Rights Act Discrimination and Harassment / Final Decision After Hearing (reasons for Decision)
Outcome
Complaints dismissed; no finding of discrimination or harassment
Legal Topics
Racial Discrimination, Workplace Harassment, Promotion/selection, Work Assignments, Prima Facie Burden of Proof, Employer Due Diligence
Source Language
English
Human Rights Employment Law Administrative Law Racial Discrimination Workplace Harassment Promotion/selection Work Assignments Prima Facie Burden of Proof +1 more

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Parties

Yul F. Hill

Complainant

Canadian Human Rights Commission

Commission

Air Canada

Respondent

Procedural Posture

Canadian Human Rights Act Discrimination and Harassment / Final Decision After Hearing (reasons for Decision)

Legal Issues

  1. 1 Whether respondent discriminated against complainant on basis of race contrary to s.7 of the Canadian Human Rights Act
  2. 2 Whether respondent failed to provide a harassment free workplace contrary to s.14 of the Canadian Human Rights Act
  3. 3 Whether complainant established a prima facie case and the applicable burden of proof

Ratio Decidendi

On the balance of probabilities the complainant failed to prove he was discriminated against or harassed; the evidence established a personality and authority conflict, credible employer investigations and remedial steps, and insufficient nexus or probative evidence that race was a determinative factor; complaints dismissed.

Court Disposition

Complaints dismissed; no finding of discrimination or harassment

Orders

  • Complaints dismissed; no remedy awarded