Re Scott and Roos Family Shoes (Brampton) Ltd. et al.

1985 CanLII 2124 (ON SC)Decided Employment standards

Pregnant Employee Termination: Employment Standards Act Protection

Summary

A merits decision involving a pregnant employee who was terminated before applying for maternity leave. The court ruled that the Employment Standards Act protects pregnant employees from termination due to pregnancy, regardless of whether they have applied for leave. The employer was found liable and the employee was awarded compensation for 17 weeks of lost wages.

Outcome

Employee entitled to compensation for 17 weeks of lost wages — judicial review granted and referee’s decision set aside

Award

Employee entitled to compensation for 17 weeks of lost wages

Key Factors

  • pregnant employee termination
  • Employment Standards Act
  • maternity leave protections
  • termination due to pregnancy
  • judicial review of referee's interpretation

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This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.