Trinh v CS Wind Canada Inc., 2017 HRTO 755
The HRLSC represented Tin Trinh in her human rights application based on place of origin and sex against her employer. Before going on leave, Trinh was working seven days a week from 3 or 4am to 8pm. When she became pregnant she advised her employer she would need to reduce her hours. He responded that she would be fired. She continued to work long hours until pregnancy-related complications forced her to take disability-related leave. When she returned from maternity leave her employer told her: “If you cannot give me a perfect plan you need to stay home with your son.”
The employer was found to have violated multiple sections of Ontario’s Human Rights Code.
The Tribunal found:
- In addition to gender-based discrimination, Trinh had been subjected to comments based on her origins when she was called a “stupid Vietnamese woman.”
The Tribunal ordered:
- financial compensation of $25,000 for the discrimination;
- $16,399.29 for bonuses and raises denied as a result of the discrimination;
- $18,475.75 in lost wages;
- the company to review and change its human rights policy and distribute the new policy to every employee; and
- the company to train management and executive employees on the rights and obligations of the employer under the Human Rights Code.
To read the full decision, visit Canlii