HR is 'first line of defense in diffusing liabilities,' says employment lawyer discussing recent tribunal decision involving employee termination
A recent Canadian Human Rights Tribunal decision over 10 years in the making has clarified how employers can justify terminating an employee for lacking in soft skills – such as teamwork and leadership – without running afoul of discrimination laws.
In Zang v. 1783057 Alberta Ltd., 2025 CHRT 10, the tribunal dismissed a race-based discrimination complaint first filed in 2013, accepting the employer’s explanation that the employee – a senior accountant in a casino – was selected for termination due to interpersonal shortcomings, not her race.
Sarah Coderre, partner at Bow River Law in Calgary, explains that although the employer won in the end, the years-long process it took to get there highlights how complicated these cases can be.
It’s difficult sometimes to spot where the discrimination can be, she says, “to determine whether or not a company's explanation … [is] a coverup, for example, or if it's genuine and legitimate. I think this case really just highlights how fraught these sorts of situations can be.”
As detailed in the decision, from 2011 to 2012, the casino was restructuring due to financial challenges and made cuts to the accounting team. Two employees were terminated, both of whom were Asian women, while two white male employees were retained.
One of the men...
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