McMillan Successfully Defends Bunge Against Wrongful Dismissal Claim Before the Human Rights Tribunal of Ontario

On February 10, 2023, McMillan concluded its representation of Bunge Canada (“Bunge”) against a claim from a former employee before the Human Rights Tribunal of Ontario (“HRTO”).

McMillan successfully defended Bunge against the employee’s application alleging discrimination and wrongful dismissal, successfully moving to dismiss the application. The HRTO dismissed the application, accepting McMillan’s arguments that the employee had abandoned their claim by failing to meet the HRTO timelines, respond to Bunge’s offers to settle, or meet other procedural requirements under the HRTO’s Rules of Procedure. The decision reinforces the importance for applicants to comply with the HRTO’s Rules of Procedure and sets a helpful precedent for employers to have human rights applications dismissed where the applicant fails to move their case forward.

Bunge is the world’s leader in oilseed processing and is a global supplier and producer of plant-based oils, fats and protein with operations on six continents that include grain elevators, processing plants and port terminals.

David Fanjoy acted on behalf of McMillan in its representation in Harvey v. Bunge Canada, 2023 HRTO 124.

McMillan’s Employment and Labour Group successfully represents Canadian businesses across all industries and advises on all aspects of provincial and federal employment law. McMillan’s employment, labour relations, executive compensation and business immigration specialists are here to help management navigate these complex legal frameworks. We provide responsive, real-time advice in alignment with business goals, such as attracting and retaining talent, avoiding workplace disputes and maintaining labour relations peace. With recognized expertise in a wide array of situations, from hiring, termination and employee privacy to collective agreement negotiations and even acting as spokespersons for management, our client teams help ensure that our clients can continue to successfully run their business with the personnel they need.