View cases - Stewart McKelvey

[71] Finally, I cannot find that Myert has demonstrated that the refusal to let Mr.Derksen observe his holy days was a bona fide occupational requirement as no evidencewas led for me to be able to reach that conclusion.VREMEDY[72] Section 37 of the Code provides in part:(2) If the member or panel determines that the complaint is justified, themember or panel(a) must order the person that contravened this Code to cease thecontravention and to refrain from committing the same or a similarcontravention,…(d) if the person discriminated against is a party to the complaint, or is anidentifiable member of a group or class on behalf of which a complaintis filed, may order the person that contravened this Code to do one ormore of the following:(i) make available to the person discriminated against theright, opportunity or privilege that, in the opinion of themember or panel, the person was denied contrary to thisCode;(ii) compensate the person discriminated against for all, or apart the member or panel determines, of any wages orsalary lost, or expenses incurred, by the contravention;(iii) pay to the person discriminated against an amount thatthe member or panel considers appropriate to compensatethat person for injury to dignity, feelings and self respector to any of them.Order Under s.37(2)(a)[73] An award under s.37(2)(a) is mandatory when discrimination is found and I soorder.20