View cases - Stewart McKelvey

complainant as a result of contravention of the Code. The Tribunal has held that hearingrelated expenses may be covered as expenses incurred by the contravention and hasincluded lost wages as such an expense: Martin v. Carter Chevrolet Oldsmobile, 2001BCHRT 37, and Sauve v. 538185 B. C. Ltd. operating as Capone’s Restaurant & LiveJazz, 2004 BCHRT 42. Therefore, Mr. Derksen is entitled to lost wages to attend thehearing in the amount of $770.00.[79] Mr. Derksen seeks compensation for the legal expenses paid to bring this matterbefore the Tribunal. In the past, the Tribunal has awarded legal fees as expenses under s.37(2)(d)(ii), but those were expenses incurred before a complaint was filed: see Morris v.B.C. Rail, 2003 BCHRT 14. There is a question arising from this request as to theTribunals’s jurisdiction to award legal fees as expenses under s. 37(2)(d)(ii). However,since there was no evidence to prove actual expenses had been incurred by Mr. Derksenpersonally, and because the parties have not made submissions that would lead me toconclude that I have jurisdiction, I decline to award the legal fees and disbursements asan expense under s. 37(2)(d)(ii).Order Under s.37(2)(d)(iii)[80] Mr. Derksen is asking for $6,000.00 for injury to dignity, feelings and selfrespect,pursuant to s. 37(2)(d)(iii) of the Code. Mr. Derksen says that the damage to hisdignity, self-respect and feelings not only began on the day he was fired by Myert; thedamage continued up to the present with the evidence in the hearing about his lack ofcompetence. He relies on Nixon v. Vancouver Rape Relief Society, 2002 BCHRT 1 atpara. 226, for the proposition that it is reasonably foreseeable that Myert wouldexacerbate Mr. Derksen’s hurt and humiliation by maintaining he was fired for cause.However, I have found that Mr. Derksen’s performance was lacking, so therefore, cannotfind that Myert intentionally continued and caused Mr. Derksen’s hurt and humiliation.Nevertheless, Myert did not provide any warning to Mr. Derksen that his employmentwas in jeopardy, and the shock and humiliation he suffered in the way he was fired, isdeserving of some damages. Mr. Derksen relies on Gill v. Grammys Place Restaurantand Bakery Ltd., 2003 BCHRT 88 to argue that as in that case, the witnesses here22