·  Background:

• Downey, an African Nova Scotian, was hired as a full-time Customer Service Associate in September 2019.
• She was terminated in December 2019, just before the end of her probation, allegedly for not meeting performance expectations.
• Downey filed a complaint with the Nova Scotia Human Rights Commission in June 2020, claiming racial discrimination.

·  Complaint Allegations:

• Downey alleged she was treated differently based on race, specifically citing two incidents:
  1. Being asked not to wear moccasins at work while other employees wore casual footwear.
  2. A change in her work environment after refusing to switch shifts with a white co-worker, shortly before her termination.

·  Investigation:                                                                                     

• The Commission’s Human Rights Officer (HRO) investigated the complaint and concluded there was reason to believe Downey was discriminated against.
• The Commission referred the complaint to a Board of Inquiry.

·  Employer’s Arguments:

• The decision to send the complaint to a Board of Inquiry was flawed and unreasonable under the Vavilov standard of review. The Employer requested a new investigation by a different HRO.

·  Key Legal Issues:

• Whether the Commission’s decision met the reasonableness standard of review.
• Whether the HRO’s investigation and conclusions were flawed, affecting the Commission's decision.

No monetary award specified.