Tribunal orders production of co-worker performance metrics to assess whether termination for poor performance was pretextual.
The applicant, who alleged discrimination in employment on the basis of disability, brought a Request for Order seeking production of performance metrics for all employees on the respondent's campaign for June and July 2011.
The respondent argued the request was overly broad and irrelevant, maintaining the applicant was terminated during her probationary period for failing to meet performance metrics.
The Tribunal granted the request, finding the metrics arguably relevant to the applicant's ability to challenge the respondent's stated non-discriminatory reasons for termination and to assess whether they were a pretext for discrimination.
Ashley Cassat v. Sutherland Global Services Canada ULC, 2013 HRTO 1794