Client Win: Ontario Worker Awarded Over $50K, Fired During Maternity Leave

Morasse v. Brandt Tractor Ltd. and 1714433 Ontario Inc.

Samfiru Tumarkin LLP secured more than $50,000 in damages for our client, Melissa Morasse, in the case of Morasse v. Brandt Tractor Ltd. and 1714433 Ontario Inc., a matter that was heard at the Human Rights Tribunal of Ontario (HRTO).

We successfully argued that the decision to let Morasse go during her maternity leave violated her human rights.

📺 WATCH: Everything Non-Unionized Employees Need to Know About Human Rights Violations at Work

What You Need to Know

• Morasse began working for Nortrax Canada (Nortrax) at its Mississauga branch on Nov. 2, 2015. At the time of her termination in October 2019, she held the position of “Product Support Technology Representative.”
• On Sept. 27, 2019, Morasse began her maternity leave and subsequently gave birth on Oct. 6, 2019.
• On Oct. 28, 2019, certain assets of Nortrax were purchased by Brandt Tractor.
• Three days later on Oct. 31, 2019, Nortrax notified Morasse during her maternity leave that she was being fired without cause due to the asset sale. She didn’t receive a job offer from Brandt Tractor.

Tribunal’s Decision

The HRTO agreed with Samfiru Tumarkin LLP that Morasse’s dismissal during her maternity leave was discriminatory on the basis of gender (pregnancy) and family status.

While Brandt Tractor tried to argue that the onus was solely on Nortrax, Adjudicator Anthony Michael Tamburro disagreed.

“It simply cannot be said that Brandt had nothing to do with [Morasse’s situation],” the ruling reads.

“Rather, it is clear to the Tribunal that Nortrax and Brandt worked in close co-operation to determine which employees would be hired by Brandt and which employees would be terminated.”

As a result, Morasse was awarded $30,217.27 for lost wages and $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

• You can’t be fired during a job-protected leave: If you’re terminated during a job-protected leave, like maternity 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 before firing staff: Employers should always seek legal counsel before terminating a non-unionized worker for cause or without cause. A thorough review by our team will ensure laws aren’t being broken, the employee’s rights have been taken into account, and that your business is protected.

More Client Wins

• Significant Severance Package for Ontario IT Specialist
• Ontario Salesperson Awarded $182K in Wrongful Dismissal Case
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• $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? Contact Us

Since 2007, the experienced employment law team at Samfiru Tumarkin LLP has helped tens of thousands of non-unionized individuals resolve their workplace issues.

Whether you’re in Ontario, Alberta, or British Columbia, our lawyers can review your situation, enforce your rights, and ensure that you receive the compensation you deserve.