Can A Workplace Microwave Policy Be Discriminatory?

Seema Saadi was terminated by her employer, a government-funded provider of settlement services for immigrants, just 6 weeks after she had been hired. The employee filed a human rights complaint with the Human Rights Tribunal of Ontario (Tribunal), alleging discrimination on the basis of her race, colour, ancestry, place of origin, disability (subsequently abandoned), ethnic origin, creed and sex. Most of these claims were dismissed by the adjudicator, but he did find that the employer's policies on workplace dress (which required 'business attire') and its ban on heating smelly food in the microwave in the lunch room were discriminatory. As a result, her termination was also deemed discriminatory.

On judicial review to the Divisional Court1, Molloy J found many deficiencies in the reasons of the Tribunal, all of them stemming from the lack of factual evidence...