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HRTO Dismisses Discrimination Claim After Probationary Termination
The Human Rights Tribunal of Ontario (HRTO) dismissed a discrimination and reprisal claim brought by a probationary employee in Shingiro v. Trylon TSF Inc., 2025 HRTO 2215.
The case offers important guidance for employers: while probationary employees can be let go for performance reasons, employers must be prepared to show clear, objective evidence of those reasons if a human rights complaint follows.
The Background
Trylon TSF Inc. of Elmira, Ontario, hired two new tower technicians at the same time: the applicant, who identified as Black, and a White co-worker. Within two weeks, the applicant was dismissed during his probationary period.
The applicant alleged that:
- He was treated worse than his co-worker (denied overtime, delayed in receiving a toolbox, and not assisted with payroll setup)
- He was terminated because of his race, colour, ancestry, place of origin, and ethnic origin
- He was also terminated in reprisal for having an ongoing human rights claim against his previous employer, which he disclosed on his job application
The HRTO’s Decision
The HRTO dismissed all claims.
- No link to protected grounds: The Tribunal found no evidence that race or any other protected ground played a role in how the applicant was treated or in the termination decision.
- Clear performance issues: Trylon provided evidence from multiple witnesses that the applicant worked far more slowly than expected and required repeated correction despite training.
- No reprisal: There was no proof that the employer knew about the prior human rights claim at the time of termination, or that it influenced the decision.
The HRTO concluded the termination was based on legitimate performance concerns, not discrimination or reprisal.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Even probationary terminations can trigger costly legal disputes, which is why employers should seek advice before making these decisions to ensure they are protected.”
Why This Case Matters for Employers
This decision reinforces several key points for employers managing probationary employees:
- Probation is not a free pass: While employers can dismiss probationary employees for not being a “good fit,” they cannot do so for discriminatory reasons.
- Document performance issues early: Employers should track performance metrics, training progress, and any coaching provided. In this case, Trylon’s objective productivity data was critical.
- Apply policies consistently: Employers should ensure that onboarding, training, and resources are provided equally to all new hires to avoid claims of unequal treatment.
- Handle sensitive information carefully: If an applicant discloses a past human rights claim, employers must make sure hiring and termination decisions are demonstrably unrelated to that history.
Even though Trylon succeeded here, the case shows how a lack of documentation or inconsistent treatment could have led to a very different outcome.
Protect Your Organization from Human Rights Complaints
The Shingiro v. Trylon decision shows how quickly a probationary termination can lead to a human rights claim and how important it is for employers to have clear policies, consistent onboarding practices, and documented performance management.
At Achkar Law, our employment lawyers help employers:
- Draft and implement fair hiring and probation policies
- Train managers on proper onboarding and performance documentation
- Respond to HRTO applications and defend against human rights complaints
Contact Achkar Law
If you are facing a human rights issue, contact our human rights lawyers today.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©