View cases - Stewart McKelvey

perpetuated a falsehood about what was really the truth. Mr. Derksen says the witnessesagainst him gave partisan and disrespectful evidence, further causing injury to his dignity.[81] Having reviewed the Gill case, I do not find nearly the egregious conduct thatexisted in that case in the circumstances of this case. Furthermore, I did not find theevidence about Mr. Derksen’s performance was partisan or disrespectful. I accepted it asthe truth about Mr. Derksen’s leadership capabilities and failure with the Program.[82] In Nixon, at the paragraph cited by Mr. Derksen, the Tribunal set out thefollowing:The appropriateness of a remedial order in any given case is determined bya number of factors but, of primary importance, is the scope of thecomplaint that is before the member to decide and the evidentiary findingsin the decision. With respect to an award for injury to dignity, feelings andself respect, such awards are not intended to be punitive but compensatory.The goal of a remedial order is, to the extent possible, to make whole thevictim of the discriminatory practice, taking into account principles ofreasonable foreseeability and remoteness. (para. 226)I am satisfied that Mr. Derksen suffered injury to dignity, but I do not find that it amountsto that which was found in Nixon. The most that the Tribunal has awarded for damagesfor loss of dignity in a case where there has been a breach of the Code for discriminatoryconduct in relation to religion is $3,500.00 in Jones v. C.H.E. Pharmacy Inc. et al, 2001BCHRT 1. There the complainant was an employee who had 16 years service, and feltcompelled not to continue his employment because the employer chose not toaccommodate his religious beliefs. I recognize that Gill and Nixon were decidedsubsequent to Jones, but the injury to dignity experienced in both those cases wassubstantial.[83] I understand that Mr. Derksen lives in a small community where his reputationmay have been marred because of his dismissal and the position of Myert that it was dueto his incompetence. I have found Myert dismissed Mr.Derksen without warning becausein part, he took a day off to celebrate the New Moon Sabbath. Taking all of thecircumstances into consideration I award Mr. Derksen an amount of $2,000 for injury todignity.23