Poliquin et al. v. Department of National Defence, 9 August 1988
Annual Review of Population Law 15: 163
1988
ISSN/ISBN: 0364-3417 PMID: 12289282 Document Number: 383681
The complainants were employed as French language teachers by the defendant. Under the defendant's employment policy, an employee who was employed continuously for five years without more than 60 days interruption could become a permanent employee. When the plaintiffs were not made an offer of permanent employment because they had taken more than 60 days in maternity leave, they claimed that they had been discriminated against on the basis of sex in violation of the Canadian Human Rights Act. The Tribunal dismissed their complaint. It held that maternity leave should not be treated any differently than other valid leave and that the complainants had not been made an offer of permanent employment simply because they could not fulfill the requirement of being present for work.