In a recent matter heard before the Human Rights Tribunal of Alberta (the Tribunal), it was decided that an employer discriminated against its employee in the course of her employment, on the ground of gender, in both sexual harassment and pregnancy. Such action is contrary to the Alberta Human Rights Act. In coming to its conclusion, the Tribunal had to address whether the employee had established a prima facie case of discrimination. If so, did the employer have a defence to the discrimination?
human rights act
The three popular articles this week on HRinfodesk deal with: a matter that looks at just cause for dismissal; a claim of discrimination in relation to cessation of benefits upon turning the age 65; and claims that address bonus payments on termination.
Under the Nova Scotia Human Rights framework, a Board of Inquiry must approve any settlement reached after a complaint is referred to a hearing before the Board. Recently, in Nova Scotia (Human Rights Commission) v Grant, 2016 NSCA 37, a Board of Inquiry refused to approve a settlement. The Board concluded that it could not approve a settlement unless the respondent admitted discrimination. As the respondent in this matter had not made such an admission, the Board refused to grant the necessary approval—barring a settlement that the parties were willing to accept.