Johnson v. Membertou First Nation

Johnson v. Membertou First Nation

On the evidence the Tribunal found the complainant did not prove that colour, race, or national or ethnic origin were factors in the probation extension, lack of coaching, or termination; the MFN established that the termination flowed from documented performance issues, management concerns and perceived insubordination/ultimatum; no discriminatory policy under s.10 CHRA was proven; complaint dismissed.

Citation
2024 CHRT 16
Parties
Complainant: Joanne Johnson; Commission: Canadian Human Rights Commission; Respondent: Membertou First Nation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
21 March 2024
Procedural Posture
Canadian Human Rights Tribunal Employment Discrimination Under the Canadian Human Rights Act (s.7 and S.10) / Decision
Outcome
Complaint dismissed
Legal Topics
Race Discrimination, National or Ethnic Origin, Colour, Probationary Employment, Systemic Discrimination, Section 7 CHRA, Section 10 CHRA
Source Language
English
Human Rights Employment Law Administrative Law Race Discrimination National or Ethnic Origin Colour Probationary Employment Systemic Discrimination +2 more

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Parties

Joanne Johnson

Complainant

Canadian Human Rights Commission

Commission

Membertou First Nation

Respondent

Procedural Posture

Canadian Human Rights Tribunal Employment Discrimination Under the Canadian Human Rights Act (s.7 and S.10) / Decision

Legal Issues

  1. 1 Whether complainant established a prima facie case of discrimination under s.7 CHRA
  2. 2 Whether respondent pursued a policy or practice depriving non-Indigenous persons of employment opportunities under s.10 CHRA
  3. 3 Whether prohibited grounds (colour, race, national or ethnic origin) were factors in probation extension or termination

Ratio Decidendi

On the evidence the Tribunal found the complainant did not prove that colour, race, or national or ethnic origin were factors in the probation extension, lack of coaching, or termination; the MFN established that the termination flowed from documented performance issues, management concerns and perceived insubordination/ultimatum; no discriminatory policy under s.10 CHRA was proven; complaint dismissed.

Court Disposition

Complaint dismissed

Orders

  • Complaint dismissed