Youmbi Eken v. Netrium Networks Inc.

Youmbi Eken v. Netrium Networks Inc.

The Tribunal found that the complainant's pregnancy and pregnancy-related disability were protected characteristics and were factors in her dismissal; the employer offered no s.15 or s.65 justification and failed to notify or give the employee an opportunity to address alleged performance issues, so the dismissal was discriminatory and remedies were awarded (lost wages, pain and suffering, interest, and systemic corrective measures).

Citation
2019 CHRT 44
Parties
Complainant: Bernadette Josiane Youmbi Eken; Commission: Canadian Human Rights Commission; Respondent: Netrium Networks Inc.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
1 November 2019
Procedural Posture
Human Rights Complaint / Final Decision
Outcome
Complaint allowed
Legal Topics
Pregnancy Discrimination, Disability Accommodation, Wrongful Dismissal, Remedies, Systemic Remedies, Mitigation of Losses
Source Language
English
Human Rights Employment Administrative Law Discrimination Law Pregnancy Discrimination Disability Accommodation Wrongful Dismissal Remedies +2 more

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Parties

Bernadette Josiane Youmbi Eken

Complainant

Canadian Human Rights Commission

Commission

Netrium Networks Inc.

Respondent

Procedural Posture

Human Rights Complaint / Final Decision

Legal Issues

  1. 1 Whether complainant had protected characteristics under the Canadian Human Rights Act
  2. 2 Whether complainant experienced an adverse impact in employment
  3. 3 Whether protected characteristic(s) were a factor in dismissal

Ratio Decidendi

The Tribunal found that the complainant's pregnancy and pregnancy-related disability were protected characteristics and were factors in her dismissal; the employer offered no s.15 or s.65 justification and failed to notify or give the employee an opportunity to address alleged performance issues, so the dismissal was discriminatory and remedies were awarded (lost wages, pain and suffering, interest, and systemic corrective measures).

Court Disposition

Complaint allowed

Orders

  • Respondent to pay lost wages to complainant in the amount of 6912.20 CAD
  • Respondent to pay pain and suffering to complainant in the amount of 7000.00 CAD