View cases - Stewart McKelvey

[52] Based on his state of shock, I find that Mr. Derksen would not have as clear arecollection of the discussion with Mrs. Imbenzi as she did. Mr. Derksen may haveinterpreted her comments about the unauthorized day off on Friday as discriminatingagainst him because the day off was for religious reasons and he was certainly aware ofhis rights. He had expressed those in his e-mail and again to Mrs. Imbenzi just as he wasleaving the building. Therefore, I find that Mrs. Imbenzi avoided engaging in adiscussion about religious discrimination, and did not admit to discriminating against Mr.Derksen.[53] Mrs. Imbenzi filled in Mr. Derksen’s Record of Employment and issued it to himon August 12 th . In the Comments box, she wrote “Not meeting probation requirements.Aug 9, 02 took an unapproved day off”.F. Post Dismissal – The Program[54] The Program was taken over by Dawn Julian. At the end of the first quarter theProgram had 68 clients. There was a steady rise in client numbers after the beginning ofAugust. At six months, the program had 171 clients, which represent 68% of theProgram’s target of 250. At the end of the Program Myert was at 92% of its target of 500clients. The Program’s target was to have 202 clients return to work. A total of 220returned to work, a success rate of 104%. After one year of the Program, HRDC decidedto incorporate it into its own programs, so the contract was cancelled.G. Post Dismissal – Mr. Derksen’s Job Search[55] Mr. Derksen’s application for employment insurance benefits was investigated byHRDC because they wanted to determine if there was any misconduct. They found thatno misconduct was alleged or proven and so Mr. Derksen was advised on September 13 ththat benefits were granted.[56] Mr. Derksen was unable to find work from August 2002 through to July 2003,except for some work in February 2003 as a tile setter for Ceramic Tile by Design andsome other very occasional work. Mr. Derksen did an extensive job search, commencingimmediately upon being dismissed from Myert. Mr. Derksen started a log of his job15