Reference no: EM133161251
Yvette started working as a delivery driver for Too Good Pizza in March 2012 and by early 2013, she was promoted to kitchen supervisor. She received a raise in June and a positive performance evaluation.
However, shortly after that, Yvette found out that she was pregnant. Having miscarried three times before, she was reluctant to tell her employer about her pregnancy this early on but confided in a co-worker. To her surprise, when she came into work the next day, Yvette was called into the office by her manager who, she recalled, said "There's a rumour that you're pregnant." He then announced, according to Yvette, "I guess we'll have to part ways." When she said, "You can't do that," he responded, "I think I can," and then told her to leave.
Yvette filed a complaint with Ontario's Human Rights Tribunal. In his defence, the store manager denied knowing she was pregnant, stated he did not make the statements alleged, and insisted he'd let her go for poor work performance, culminating in a video of her ignoring a customer while talking on her cell phone. He had not, however, kept the video or any other performance-related documentation.
- Was Yvette's firing contrary to the Code? Explain your answer, with specific references to the Code.
- If it was contrary to the Code, what would be an appropriate remedy-or set of remedies? Why?