Notice of dismissal doesn’t include maternity leave: Court

Employee can't be on maternity leave and on notice at the same time: Court
|Canadian Employment Law Today|Last Updated: 04/26/2012

A New Brunswick employee who was laid off while on maternity leave was entitled to full notice of termination from the end of her leave, the New Brunswick Court of Queen’s Bench has ruled.

Patricia Donnelly was a marketing manager for Kings Landing, a historical settlement and museum in Prince William, N.B. She starting working for the settlement in April 2001 and went on maternity leave in June 2009. A few months later, on Sept. 29, 2009, Kings Landing decided to restructure the business. This restructuring resulted in the elimination of Donnelly’s job, so it informed her she was being laid off, effective 30 days following the end of her planned return to work on June 14, 2010. Kings Landing considered this more than nine months’ notice.

Donnelly filed a grievance, claiming Kings Landing had discriminated against her on the basis of sex by providing her with insufficient notice.