LaFleche v. NLFD Auto: Managing Employee's Return To Work Is Employer's Responsibility

The recent decision of LaFleche v. NLFD Auto dba Prince George Ford (No. 2),  2022 BCHRT 88, highlights the careful approach that employers should take when employees are returning to work after a leave of absence.

In this case, involving an employee seeking to return to work after her maternity leave, the British Columbia Human Rights Tribunal (the "Tribunal") found that the employer had discriminated against her on the basis of sex and family status, contrary to section 13 of the British Columbia Human Rights Code (the "Code") and had constructively dismissed the employee by continuing to employ her replacement, failing to return her to her past position, and failing to communicate with her about her return to work.