|Marie-Eve Girard vs. Mary-Am Corporation
|December 14, 2016
|2016 HRTO 1614
|Girard v. Mary-Am Corporation
INTRODUCTION TO THIS HUMAN RIGHTS TRIBUNAL OF ONTARIO
Welcome to YLAW, your trusted legal partner for human rights tribunal of ontario and navigating the intricate landscape of human rights cases in Ontario. In this case study, we delve into the crucial role of the Human Rights Tribunal of Ontario and how YLAW‘s expertise can be your greatest asset when faced with human rights violations. The case revolves around Marie-Eve Girard, who was employed by Mary-Am Corporation, Mary-Am Hospitality Corp., and Maryam Maids Inc. She alleged that her termination was linked to her pregnancy, which she claims violated the Human Rights Code. However, the respondents argue that she resigned voluntarily.
Understanding the Human Rights Tribunal of Ontario
The Human Rights Tribunal of Ontario (HRTO) is a specialized adjudicative body in the province that plays a pivotal role in upholding human rights. It operates under the jurisdiction of the Human Rights Code, which prohibits discrimination and harassment based on various grounds, including race, gender, age, disability, and more.
HRTO’s primary mandate is to hear and resolve human rights applications. These applications can encompass a wide range of issues, such as employment-related discrimination, housing discrimination, denial of services, and systemic discrimination. HRTO ensures that individuals in Ontario have access to an impartial forum where they can seek redress for alleged human rights violations.
Marie-Eve Girard worked as a housekeeper for the respondents, who provided luxury accommodations for short and long-term stays. At the time of her employment, they handled housekeeping services for various properties. Ms. Mostafavi managed Maryam Maids Inc. and interviewed Girard for her position.
The Human Rights Tribunal Hearing
Once your complaint moves to the formal hearing stage, it’s crucial to prepare thoroughly. At this point, both parties will have the opportunity to present their evidence, witnesses, and arguments before an adjudicator.
Preparing a strong case begins with gathering compelling evidence. This may include documents, emails, witness statements, and any other relevant information that supports your claims of discrimination or harassment. Your legal representative, if you have one, can guide you through this process.
Presenting Your Case
During the hearing, you and the respondent (the party you’ve filed the complaint against) will have the chance to present your case. This involves calling witnesses, introducing evidence, and making arguments to support your position. The adjudicator will evaluate the information presented and make a decision based on the merits of the case.
After carefully considering all the evidence and arguments, the adjudicator will render a decision. This decision may include remedies if the adjudicator finds that discrimination or harassment did occur. Remedies can vary and may include compensation, reinstatement, or other actions aimed at addressing the harm caused.
It’s important to note that the HRTO operates independently and impartially, striving to ensure fairness and justice throughout the process.
Appealing the Decision
While the decision of the Human Rights Tribunal of Ontario (HRTO) is final in most cases, there are circumstances where either party may seek to appeal the decision. Understanding the appeal process is essential if you’re dissatisfied with the outcome.
Grounds for Appeal
An appeal is not a re-trial of the case but a review of the HRTO’s decision. You can appeal the decision to the Divisional Court of Ontario on certain grounds, such as:
- An error in law was made during the HRTO proceedings.
- There was a lack of procedural fairness in the HRTO process.
- The HRTO’s decision was unreasonable or not supported by the evidence.
Initiating the Appeal
If you believe you have grounds for appeal, you must initiate the process by filing a Notice of Application for Judicial Review with the Divisional Court. This must be done within the specified timeframe, usually within 30 days of receiving the HRTO’s decision.
Seeking legal representation for the appeal is highly recommended. An experienced human rights lawyer can help you navigate the complex appeal process, prepare your legal arguments, and advocate on your behalf before the Divisional Court.
Divisional Court’s Decision
The Divisional Court will review the HRTO’s decision based on the grounds you’ve presented. They may choose to uphold the HRTO’s decision, vary it, or send the matter back to the HRTO for further consideration. Their decision is final and binding.
It’s important to remember that the appeal process can be intricate, and success may depend on the strength of your legal arguments and evidence. Therefore, consulting with legal experts is crucial if you’re considering an appeal.
ANALYSIS AND DECISION
The case’s analysis focused on whether the respondents terminated Girard’s employment due to her pregnancy. The evidence and circumstances strongly suggested that she did not face adverse treatment and had not been terminated. It was believed that she intended to return to work once medically able.
As a result, the application was dismissed in its entirety.
Dated at Toronto, this 14th day of December, 2016.
Final Thoughts and Seeking Legal Counsel
Dealing with a case before the Human Rights Tribunal of Ontario can be emotionally and legally challenging. The outcome of your case can have a significant impact on your life, and understanding your rights and options is crucial.
Know Your Rights
Throughout the process, it’s important to remember that you have rights. The Human Rights Code of Ontario is in place to protect those rights and ensure that discrimination and harassment are not tolerated in any form. Familiarize yourself with the Code and your specific rights related to your case.
Consult with Legal Experts
If you’re facing a human rights issue and considering filing a complaint with the HRTO, or if you’re already involved in the HRTO process, seeking legal counsel is highly advisable. Experienced human rights lawyers can provide you with essential guidance, help you prepare your case, and represent your interests effectively.
Contact YLAW for Human Rights Tribunal Cases
At YLAW, we specialize in assisting clients with human rights tribunal cases in Ontario. Our dedicated team of legal professionals has a deep understanding of human rights law and extensive experience in advocating for our clients’ rights. We are committed to helping you navigate the HRTO process and achieve a fair and just resolution.
If you have questions, concerns, or need legal representation for your HRTO case, don’t hesitate to reach out to us. You can contact us by phone at +14379959529 or email us here. Our team is here to listen to your case, provide legal advice, and work tirelessly to protect your rights throughout the HRTO proceedings.
Remember, you don’t have to face human rights issues alone. YLAW is here to support you every step of the way.