The applicant employer appealed an Order to Pay issued by an Employment Standards Officer, which found that the employer terminated the responding party's employment because she was pregnant.
The employer operated an adult entertainment establishment and claimed the employee quit.
The Board found the employer's witness lacked credibility and concluded as a fact that the employer terminated the employee because he did not want a pregnant woman behind the bar for aesthetic reasons.
However, the Board noted that section 44 of the Employment Standards Act protects the right to take pregnancy leave, not pregnant employees per se.
The Board deferred its final decision and directed the parties to make further submissions on whether the facts constituted a breach of the Act.
