Appellant
Respondent
This case involves a complaint of retaliation filed by Ms. Bergeron under the Canadian Human Rights Act. Ms. Bergeron alleged that she experienced retaliation by her employer, the Department of XYZ, due to her disability and accommodation needs. The case went through a lengthy process involving both human rights complaints and internal grievances. The Canadian Human Rights Commission decided not to proceed with Ms. Bergeron's retaliation complaint, and she appealed the decision to the Federal Court of Appeal. In her appeal, Ms. Bergeron raised several arguments, including the Commission's failure to properly consider the adequacy of the internal grievance process, the lack of independence of the decision-maker, the consequences of the decision for her, and the determination that it was not in the public interest to deal with the complaint. The Federal Court of Appeal carefully considered each of these arguments and ultimately upheld the Commission's decision. The court found that the Commission had adequately considered the relevant factors, applied the appropriate legal framework, and provided clear and reasonable explanations for its decision. The court concluded that the Commission's decision was supported by the evidence and aligned with the legislative intent of the Act. As a result, the appeal was dismissed, and the respondent was awarded costs in the amount of $3,500.00.
Court
Federal Court of AppealCase Number
A-314-20Practice Area
Employment lawAmount
$ 3,500Winner
RespondentTrial Start Date
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