What is the test for assessing the credibility of witness testimony when there is conflicting evidence?

Claims of discrimination require a review of the totality of the evidence, as discrimination on the basis of protected grounds is often not overtly stated or documented. These cases require a careful review of the entire context of the situation and circumstances; often, findings regarding credibility are critical. Faryna v. Chorney[13] aptly captures the test for assessing the credibility of witness testimony when there is conflicting evidence: • The credibility of interested witnesses, particularly in cases of conflict of evidence, cannot be gauged solely by the test of whether the personal demeanour of the particular witness carried conviction of the truth. The test must reasonably subject his story to an examination of its consistency with the probabilities that surround the currently existing conditions. In short, the real test of the truth of the story of a witness in such a case must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions. To date the Respondent has not produced any factual evidence in its response to support any of the alleged performance issues which it repeatedly claims is the fundamental reason for my termination. Given the lack of factual evidence presented by the Respondent, I believe the Director has erred in dismissing my discrimination complaint without considering the totality of evidence.