The applicant appealed an Officer's decision not to issue an Order to Pay, alleging she was terminated because she announced her pregnancy and intention to take a leave, contrary to section 44 of the Employment Standards Act.
The employer claimed she was terminated due to financial difficulties and performance issues, but the decision-maker found the employer failed to meet the heavy burden of proving the termination was unrelated to the pregnancy, given the timing of the dismissal just three days after the announcement.
The Board ordered the employer to pay $26,477.23 in damages for loss of wages, loss of reasonable expectation of continued employment, and pain and suffering.
