Catherine Milne

The applicant alleged she was discriminated against on the basis of sex when her employment as a Rehabilitation Assistant was terminated shortly after she informed her employer of her pregnancy.

The respondents maintained she was terminated due to ongoing performance issues, specifically her inability to follow client treatment plans and foster client independence despite repeated coaching.

The Tribunal found that the documentary evidence and testimony supported the respondents' position that the termination was based on performance concerns that predated the pregnancy announcement.

The application was dismissed.

In a case management conference call, the Tribunal noted that the respondents failed to file required will say statements and that their hearing brief did not comply with the Tribunal's Rules.

Despite the respondents' counsel failing to provide a reasonable explanation for the non-compliance, the Tribunal granted the respondents a further opportunity to file an amended hearing brief and the required will say statements.

The Tribunal warned that failure to comply could result in the exclusion of their evidence at the hearing.