Partridge v Botony Dental Corp

Superior Court applies the “Johnstone test” for family status discrimination in wrongful dismissal action

February 4, 2015 Stringer LLP Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Notice, Damages and Settlements, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation

We have written before on the decision of the Federal Court of Appeal in Johnstone v Canada (Border Services), which helpfully crafted a clear and balanced test for family status discrimination in the context of childcare (the “Johnstone test”). The Ontario Superior Court has released the first reported decision in Ontario to apply the “Johnstone test” in the context of a wrongful dismissal action.

childcare obligation, employment law, employment standards act, family status, Family Status Accommodation, human rights code, human rights damages, Johnstone test, Johnstone v Canada, Partridge v Botony Dental Corp, pay in lieu of notice, wrongful dismissal damages