View cases - Stewart McKelvey

IINTRODUCTION[1] Mr. Harold Derksen alleges that Myert Corps Inc. (“Myert”) dismissed him fromemployment for reasons relating to his religion, in contravention of s. 13 of the HumanRights Code.[2] Mr. Derksen started working with Myert on July 2, 2002 as a Project Co-ordinatorin the Youth Job Directions Program (the “Program”). Myert denies that Mr. Derksen’sreligion was a factor in his August 12, 2002 dismissal. Myert states that Mr. Derksen’semployment was terminated due to his poor management style and because he took anunapproved day off on August 9, 2002.[3] Mr. Derksen testified on his own behalf. The witnesses for the respondent were:Jacqui Toews, Tina Sangha, Autumn Jenkinson, Sussanna Bottiglieri, Helga Imbenzi, andGeorge Imbenzi.II FINDINGS OF FACTA. Myert and the Program[4] Myert was incorporated in September 1995. It is a for-profit corporationspecializing in programs for challenged youth. Mr. and Mrs. Imbenzi are Myert’sdirectors. In the corporate records, Mrs. Imbenzi is listed as its Secretary and Mr.Imbenzi as its President.[5] Mrs. Imbenzi performs all the financially related work for the company. Her titleis Financial Controller. Mr. Imbenzi, who prefers to be called Imbenzi, is the visionaryand driving force behind the company.[6] Imbenzi is associated with the Mennonite church and has been a licensed ministersince 1994. His Masters degree from Trinity Western University is pending thecompletion of one paper. His motivation in providing the Myert programs is to helpdisplaced youth.1