Application Dismissed: Challenges In The Workplace And Performance Management Constitute Credible Non-discriminatory Explanation For Termination

In Yan v 30 Forensic Engineering Inc., 2022 HRTO 649, the Human Rights Tribunal of Ontario (the "Tribunal") dismissed allegations of discrimination and harassment with respect to employment because of race, place of origin, sex, marital status, age, disability, and reprisal, contrary to the Human Rights Code, R.S.O. 1990, c.H. 19 (the "Code"). It found that the Respondent employer provided a credible non-discriminatory explanation for the termination.

Background

Jia Yan (the "Applicant") commenced employment with the Respondent on April 10, 2018 in the position of Senior Associate Forensic Engineer. She was terminated without cause approximately 9.5 months later on January 30, 2019. The Applicant identified as a woman who immigrated from China and was older than most of the other employees in the firm. After experiencing interpersonal conflict with one of the juniors on her team, the Applicant emailed the company's managers claiming that their respective roles