February 20, 2025

Partner, Joe Oppenheim, provided commentary to Canadian HR Reporter on a decision by The Alberta Human Rights Tribunal to dismiss human rights complaints by two workers alleging discrimination against them on the basis of race, colour, ancestry, place of origin, and family status.

“Fundamentally, the complainant in these cases has the obligation to demonstrate with objective evidence that what happened at work was a function of discrimination as opposed to something else. The employer always has the right to performance management, but it has to meet its obligation to do so honestly, in good faith, and not to misuse its power.”

Follow Joe’s key takeaways for employers:

• Employers must balance managing the business effectively while being sensitive to underlying issues. While performance management doesn’t require special treatment, being mindful of these factors is important when managing the organization.
• Document all performance-related issues and investigations contemporaneously, as this provides evidence when addressing any perceptions of discrimination. While formal investigations aren’t always necessary, managers should be trained to conduct fair, effective, and well-documented workplace investigations.
• When preparing witnesses for a hearing, we emphasize the importance of limiting their testimony to facts they can personally verify through direct experience and their own senses. If a witness strays from this, it raises a significant concern, prompting the tribunal to closely scrutinize their testimony.

If you have any questions about human rights complaints, workplace investigations, or any other employment and labour related issues, reach out to our experienced employment lawyers.

For media inquiries please contact Alejandra Valencia at [email protected]