Client Win: Ontario Court Upholds $50K Discrimination Award for Fired Mother

Morasse v. Brandt Tractor Ltd.

Samfiru Tumarkin LLP recently appeared before the Ontario Superior Court of Justice’s Divisional Court — successfully arguing that the Human Rights Tribunal of Ontario’s 2025 decision in Morasse v. Brandt Tractor Ltd. was reasonable and shouldn’t be interfered with.

Associate Naomi Flanagan and members of the team secured more than $50,000 in damages for our client, Melissa Morasse, after proving that the decision to fire her during her maternity leave violated her human rights.

📺 WATCH: Human Rights Violations at Work

What You Need to Know

• Morasse begins working for Nortrax Canada (Nortrax) at its Mississauga branch on Nov. 2, 2015.
• On Sept. 27, 2019, Morasse, currently holding the position of “Product Support Technology Representative” at Nortrax, begins her maternity leave — giving birth a few days later on Oct. 6.
• On Oct. 28, 2019, certain assets of Nortrax are purchased by Brandt Tractor.
• Nortrax provides Brandt Tractor with a list of employees who are away from work. However, Morasse isn’t interviewed about her job-protected leave.
• On Oct. 31, 2019, Nortrax notifies Morasse that she’s being fired without cause due to the asset sale. Despite being on maternity leave, she doesn’t receive a job offer from Brandt Tractor.

Divisional Court’s Decision

The Divisional Court rejected Brandt Tractor’s appeal that the tribunal’s decision wasn’t reasonable — ruling the company knew, or should’ve known, that its decision to not interview Nortrax staffers who were away from work during the asset sale could have legal consequences.

Brandt Tractor has been ordered to provide Morasse with $30,217.27 for lost wages, as well as $20,000 for injury to dignity, feelings, and self-respect.

SEE ALSO
• How to Calculate Severance Pay
• Should I Negotiate My Own Severance Package in Ontario?
• Can I Get My Job Back if I’m Fired?
• Wrongful Dismissal in Ontario: Employee Guide

Key Takeaways

For Employees

• A job-protected leave means your employment is protected: Being on a job-protected leave, like maternity leave, doesn’t mean employers can deny you hiring opportunities or let you go simply because you’re not at work. If you’re terminated during a job-protected leave, don’t accept your employer’s severance offer before contacting an experienced employment lawyer at Samfiru Tumarkin LLP. We can properly review the unique circumstances of your situation and help you secure the compensation you’re owed — which can be significant, as Morasse’s case shows.

For Employers

• Consult an employment lawyer when making hiring decisions: A thorough review by our Ontario team will ensure laws aren’t being broken, the employee’s rights have been taken into account, and that the business is protected. The same applies if you’re thinking of terminating a non-unionized worker for cause or without cause.

More Ontario Client Wins

• Ontario Exec Awarded Over $300K Following Devastating Demotion
• Significant Severance Package for Ontario IT Specialist
• Ontario Salesperson Awarded $182K in Wrongful Dismissal Case
• 17 Month’s Severance for Wrongfully Dismissed Ontario Salesperson
• $157,000 for Ontario Youth Coordinator After Contract Cut Short
• 7-year Ontario Contractor Secures Substantial Severance Package
• Full Severance for Ontario Dental Receptionist Despite Termination Clause
• Ontario “Road Boss” Constructively Dismissed, Awarded Over $320K
• Office Admin Awarded Nearly $85K in Wrongful Dismissal Case
• Ontario Welder Sparks Justice After 36 Years of Service Snuffed Out

Workplace Issue? Get Help Now

📞 Contact Samfiru Tumarkin LLP: 1-855-821-5900 or request a consultation online.

Our experienced employment lawyers in Ontario, Alberta, and British Columbia (BC) have helped tens of thousands of non-unionized individuals resolve their workplace issues, including wrongful dismissals.