No reprisal in firing of probationary employee

Employee made harassment complaint, but employer was already questioning employee’s ability to do job properly
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 12/07/2017

An Ontario employee who made a workplace harassment complaint was not a victim of a reprisal and instead was fired because she wasn’t doing her job well, the Ontario Labour Relations Board has ruled.

Alicia Allen was the housing manager of Eamon Park Housing Co-Operative, a housing corporation in Concord, Ont., that rents housing units to its members. Eamon Park is run by an elected board of directors and usually has three employees — the administrative assistant, the maintenance co-ordinator, and the housing manager. Allen was hired to be the housing manager on July 25, 2016, with a three-month probationary period.

A short time into Allen’s stint, the administrative assistant found she often had to repeat herself when discussing things with Allen and found she didn’t seem to understand the accounting software used at Eamon Park. She also noticed Allen didn’t interact with members of the co-op who came into the office — something she considered odd.