View cases - Stewart McKelvey

77contributions as a full-time employee during this relevant period. Ms. Johnstone is not entitled tolost wages due to attendance at this hearing.B. General Damages for Pain and Suffering[376] It was evident in Ms. Johnstone’s testimony that she suffered injury to her person, herpersonal and professional confidence, and her professional reputation resulting from thediscrimination that gave rise to this complaint.[377] Ms. Johnstone testified that she was embarrassed by reference to her as the “human rights”case, and that she was upset by the arbitrary way in which she was dealt with despite her bestefforts to try to find a way to create a workable balance between a job that she stated she trulyenjoyed and her young children.2010 CHRT 20 (CanLII)[378] I award Ms Johnstone $15,000.00 under this heading pursuant to Section 53 (2) (e) of theAct.C. Special Compensation[379] Section 53 (3) of the Act provides for awards of "Special Compensation" for willful andreckless conduct, to a maximum of $20,000.00. Although heard before the 1998 Act amendmentswhen the quantum allowed for damages under the headings of pain and suffering and specialcompensation were lower, this Tribunal is still guided by the reasonableness of Martin thatfollowed the reasoning in Premakumar v. Air Canada, T.D. 03/02 and Canada (Attorney General)v. Morgan, [1991] 2 F.C. 401 (F.C.A.), that the maximum award should be reserved for the veryworst cases.[380] This Tribunal finds that CBSA, by ignoring so many efforts both externally and internallyto bring about change with respect to its family status policies of accommodation has deliberatelydenied protection to those in need of it.