Tribunal Finds No Discrimination Where There Is A Valid Business Reason For Termination

A recent decision from the BC Human Rights Tribunal highlights that an employee will not be able to establish a prima facie case of discrimination where there is a compelling non-discriminatory reason for the termination.

Our office recently represented an automotive shop that faced a significant downturn in business in the early months of the COVID-19 pandemic. As a result, in April and May 2020 the shop's owner laid off the two most junior technicians, including the complainant who had just returned from a short-term medical leave. Shortly thereafter, the complainant submitted his complaint to the Tribunal alleging he had been terminated because of a medical condition and/or because he had used his short-term disability benefits.