1 total
Employer's appeal allowed; termination of pregnant employee during restructuring was for bona fide business reasons.
The employer appealed an Employment Standards Officer's determination that it violated the Employment Standards Act by terminating an employee who was pregnant and entitled to take a leave.
The employer had eliminated the employee's management position as part of a broader corporate restructuring and cost-cutting initiative.
The Board found that the termination was for bona fide business reasons and not a reprisal for the employee's impending pregnancy leave.
The Board also rejected the argument that the employee was entitled to pay in lieu of notice because pregnancy complications prevented her from working through the full notice period.
The appeal was allowed and the order to pay was rescinded.
