Woman, fired because of pregnancy, awarded pay and gets her job back

Stienstra v. College Recruiters Inc. (October 10, 2003), Doc. ES-038-03 (N.B. Labour & Employment Bd.)

A private college in New Brunswick has been ordered to pay a former staff member $16,800 and to re-instate her to her previous position by the New Brunswick Labour and Employment Board.

Shelley Stienstra started working for the Success College of Applied Arts & Technology in Lower Sackville, N.S., in 1998. In early 2001 she was offered a promotion and transfer to the college’s campus in Moncton, N.B.

In May 2002, she was promoted to principal. In October she met with her boss, Paul Grewal, to tell him she was pregnant. Grewal immediately stopped talking to her, and took certain responsibilities away from her. This caused Stienstra stress, and her doctor advised her to take time off immediately for about three months, despite the fact her anticipated delivery date wasn’t until June 2003.

She began her leave on Oct. 22, 2002. On Oct. 28 she got a call at home from Grewal, who asked to meet with her. At that meeting, Stienstra said she would be returning to work at the end of her first trimester in December. Grewal’s response was “don’t bother, we don’t need you back.”

Grewal then told staff Stienstra had made a decision not to come back to work because she was embarrassed because she was really not pregnant.

She filed a complaint and the employer was ordered to pay her $16,799.98, based on the submission that she would have returned to work on Jan. 27, 2003 — the date her doctor suggested she return — and worked until June 20, 2003. Her baby was born on June 23.

The board also ordered her to be re-instated to her position or a comparable position effective June 20, 2004, which is at the termination of a 52-week maternity and childcare leave.

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