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

Samfiru Tumarkin LLP secured more than $50,000 for a Mississauga worker who lost her job during maternity leave, then successfully defended that result when the company challenged it in court.

Melissa Morasse had given birth just 25 days earlier when she learned that her job was gone. Her employer, Nortrax Canada, had sold its business assets to Brandt Tractor. Other workers were considered for jobs with the buyer, but Morasse was left out of the hiring process because she was away on leave.

The Human Rights Tribunal of Ontario found that she had experienced discrimination. Employment lawyer Naomi Flanagan and our team later helped protect that win when Brandt challenged the decision before Ontario’s Divisional Court.

The Companies Said It Was A Business Decision

Nortrax and Brandt denied that Morasse’s maternity leave played a part in what happened. They said the decision was based on the needs of the business following the sale.

Brandt pointed to differences between Morasse’s existing role and the positions in its own business. It also argued that it had never been her employer.

The sale had to be completed quickly. Brandt said that, with limited time available, it had not been able to interview workers who were away.

For Morasse, that approach meant losing her chance to be considered for a job because she was caring for her newborn.

Her Work Was Not The Problem

Morasse’s supervisor described her as professional, skilled and valued by customers. She handled five or six of Nortrax’s biggest clients and was the most senior person in her role.

The companies did not suggest that there were problems with her performance.

When questioned at the hearing, Brandt’s Chief Operating Officer explained that the issue was not whether Morasse was qualified. It was that the company had not interviewed her.

That evidence helped explain what had happened: Morasse was away on maternity leave, so Brandt did not interview her. Without an interview, she received no offer. Nortrax then ended her employment.

Leaving Her Out Because She Was On Leave Was Discrimination

The tribunal found that Morasse’s maternity leave was a factor in both the decision not to hire her and the loss of her existing job.

Brandt could not avoid responsibility simply because it had never employed her. Ontario’s human rights protections also apply to hiring decisions.

Nortrax and Brandt had worked closely together to decide who would receive an offer and who would lose their job. The tribunal held both companies responsible.

It did not find that the companies had deliberately set out to discriminate. But their approach still excluded Morasse because she was on a protected leave.

The Impact Went Beyond Lost Income

Morasse should have been able to focus on caring for her children during her leave. Instead, she felt pushed to start looking for another job.

The tribunal considered the distress, embarrassment, loss of confidence, fear and anxiety she experienced after losing her position. It also recognized that this happened at a particularly vulnerable time, shortly after she had given birth.

Her compensation therefore covered both lost wages and the personal harm caused by the discrimination.

Our Team Secured The Award And Defended It In Court

The tribunal awarded Morasse $50,217.27, plus interest. Brandt later asked the Divisional Court to review and overturn the decision.

Naomi Flanagan and our team defended the result. The court rejected Brandt’s challenge, leaving the award in place.

Read the original tribunal decision: Morasse v. Brandt Tractor Ltd., 2025 HRTO 1401.

What This Means For You

• Maternity leave should not cost you a fair chance at a job. Being away to care for your child does not give a company permission to leave you out of its hiring process.
• A business sale does not erase your human rights. If you lose your job during a sale or restructuring, the reasons you were selected still matter.
• Compensation can cover more than lost pay. Where discrimination is proven, an award can also recognize the harm to your dignity and emotional well-being.
• Get advice before signing a severance offer or release. Our team can review both your dismissal and any possible discrimination claim before you give up your rights.

A Lesson For Employers

Include employees on protected leave when planning hiring decisions during a business sale. A tight deadline or a blanket approach to absent workers can still lead to discrimination.

Another Ontario court win: Read how our team defended nine months’ severance for a contractor after the company appealed.

Another win against Brandt Tractor: Our team also defended 17 months’ severance for a long-service salesperson.

Lost Your Job During Maternity Leave?

Finding out that your job is gone while caring for a new baby can be overwhelming. You do not have to work out your rights on your own.

Our employment lawyers serving Mississauga and our wider Ontario team can review what happened, explain your options and help you pursue the compensation you may be owed.

Your severance could be as much as 24 months’ pay. If discrimination was involved, there may also be a claim for additional compensation. We can review these issues together.

Many workplace disputes can be resolved without a hearing. When a company fights a claim, Morasse’s case shows how our team can help secure a result and defend it.

Contact Samfiru Tumarkin LLP before signing anything or accepting that you have no options.