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Tribunal orders CNR to reinstate three female employees who declined transfers because they had young children

Jurisdiction: - Canada/Federal
Sector: - Transportation

The Canadian Human Rights Tribunal issued three companion decisions last week in which they ordered the Canadian National Railway to reinstate three female employees who had been terminated when they declined temporary transfers from Jasper, Alberta to Vancouver, BC because they had young children.

The Tribunal found that the employees had been discriminated against on the basis of "family status".

CNR was also required to pay damages for lost earnings, pain and suffering and wilful and reckless conduct.

The decisions are:

  1. Whyte, Kasha v. Canadian National Railway, 2010 CHRT 22
  2. Seeley, Denise v. Canadian National Railway, 2010 CHRT 23
  3. Richards, Cindy v. Canadian National Railway, 2010 CHRT 24

A story in the Edmonton Journal about the decisions can be found here: "3 Alberta women who refused transfer win case against CN Rail" (September 29, 2010).