Reverend Junia Joplin files wrongful dismissal lawsuit against Lorne Park Baptist Church

An Ontario pastor has launched a $200,000 wrongful dismissal lawsuit against a Baptist church after coming out as transgender. She alleges her termination occurred for discriminatory reasons.

Reverend Junia Joplin began her tenure as lead pastor at Lorne Park Baptist Church in 2014. At that time, she presented as male.

In June 2020, Joplin came out to the congregation during an online sermon. The Mississauga, Ontario church decided to suspend her duties days after the announcement. They did not set a return date.

Joplin claims that the church put her through an “unfair process” where congregants asked her questions in a number of town halls. She lost her job following a July 2020 vote to end her employment. Joplin says the experience has left her with anxiety around church work.

In response, Lorne Park Baptist Church says that it applied a “process of attempting to discern God’s will” when Joplin came out. They claim they did so in a “careful and thoughtful manner.”

“In the end, the congregation voted to terminate her employment… for theological reasons,” said David Huctwith, chair of the church’s executive council, said in a statement.

The pastor states that she openly encouraged a “progressive and LGBTQ+ inclusive ministry” during her tenure with Lorne Park – a pursuit the church supported.

Joplin says she hopes that the lawsuit will help to make the country more inclusive, and safe for trans people.

Discrimination and the Human Rights Code

The Ontario Human Rights Code prohibits an employer from discriminating against an employee (for instance, when issuing a termination) on the basis of sex, gender identity and gender expression, among other aspects (including age). This includes

The code does provide an exemption to religious organizations, allowing them to give preference to an individual of a similar creed. Rev. Joplin argues that the exemption only applies when creed is an occupational qualification.

She says that the exemption would “unreasonably and unjustifiably limit the right to equality”, covered by the Canadian Charter of Rights and Freedoms, if it is found to apply to her situation.

Wrongful dismissal and severance pay

Joplin filed a $200,000 wrongful dismissal lawsuit against the Baptist church.

A wrongful dismissal occurs when an employee is let go from their job without the proper amount of severance pay. Many companies and workers alike believe that the term applies when an employer terminates an employee for the wrong reason (i.e. my boss said he fired me because sales have dropped, but the company just pulled in record profits). The reality is that your employer can fire you “without cause” for almost any reason that isn’t discriminatory – but they most provide an accurate severance package.

READ MORE
How much can you sue for wrongful dismissal in Ontario?

A correct severance package in Canada isn’t a mere one, two or eight weeks’ pay. In addition to your statutory severance amounts, a termination package must include your common law compensation. An experienced employment lawyer at Samfiru Tumarkin LLP reviews numerous factors – including age, length of service, position, bonus – to determine how much you should receive. A severance package can be as much as 24 month’s pay.

Contact an Employment Lawyer

Like Rev. Joplin, your first call following a termination should be to an employment lawyer at Samfiru Tumarkin LLP. Our experienced team in Ontario, Alberta and British Columbia have years of experience representing tens of thousands of clients in severance pay negotiations.

We pride ourselves on being Canada’s most positively reviewed law firm, having earned the distinction after producing solid results and fair compensation for countless individuals. Get the advice you need, the compensation you deserve.