Tribunal dismisses application for lack of evidence firing tied to pregnancy

Ahmed v. T-Zone Health Inc., 2016 HRTO 1062

The HRLSC represented Ms. Ahmed in her application alleging that her employer fired her for reasons related to her pregnancy, religion and family status. The Tribunal dismissed the application and found that there was insufficient evidence:

[204] The financial documents filed into evidence by the respondent show that the studio where the applicant was the manager was consistently operating at a loss and its monthly sales were lower than average. Diane Atterbury says that in November 2013 the location was closed permanently due to poor sales.

[215] What this means is that although it is possible the events around the applicant’s pregnancy may have been a factor in the termination decision, the evidence is insufficient to establish that it is more likely than not that it was. The applicant has failed to meet her evidentiary burden.

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