A.B. v. Eazy Express Inc.

A.B. v. Eazy Express Inc.

Complainant failed to establish prima facie discrimination because there was insufficient evidence that the employer knew of the pregnancy when terminating her; credible testimonial evidence established repeated scanning errors and Canada Post complaints as non‑discriminatory reasons for termination; therefore complaint under s.7 and s.10 CHRA dismissed.

Citation
2014 CHRT 35
Parties
Complainant: A.B.; Commission: Canadian Human Rights Commission; Respondent: Eazy Express Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
10 December 2014
Procedural Posture
Human Rights Employment Discrimination / Final Decision
Outcome
Complaint dismissed; no discriminatory practice found under s.7 or s.10 of the CHRA
Legal Topics
Pregnancy Discrimination, Termination, Independent Contractor Coverage, Prima Facie Burden, Section 7 CHRA, Section 10 CHRA
Source Language
English
Human Rights Employment Law Pregnancy Discrimination Termination Independent Contractor Coverage Prima Facie Burden Section 7 CHRA Section 10 CHRA

Case Brief

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Parties

A.B.

Complainant

Canadian Human Rights Commission

Commission

Eazy Express Inc.

Respondent

Procedural Posture

Human Rights Employment Discrimination / Final Decision

Legal Issues

  1. 1 Whether pregnancy was a factor in the complainant's termination
  2. 2 Whether respondent had a practice of terminating or encouraging pregnant couriers to quit
  3. 3 Whether the employment relationship was covered by the CHRA

Ratio Decidendi

Complainant failed to establish prima facie discrimination because there was insufficient evidence that the employer knew of the pregnancy when terminating her; credible testimonial evidence established repeated scanning errors and Canada Post complaints as non‑discriminatory reasons for termination; therefore complaint under s.7 and s.10 CHRA dismissed.

Court Disposition

Complaint dismissed; no discriminatory practice found under s.7 or s.10 of the CHRA

Orders

  • Complaint dismissed
  • No remedy ordered