View cases - Stewart McKelvey

first year at Menzies he received no vacation. In his second year he received two weeks. In histhird year he will receive two weeks and will receive three weeks in subsequent years. Althoughhe has lost no money out of pocket as a result of the loss of vacation, he has lost a benefit. Thatbenefit has value. In order to put Mr. Jones in the position he would have been in if thediscrimination had not occurred, he should receive compensation for the loss of that benefit.Had he continued to be employed at C.H.E., he would have received an additional eight weeks ofvacation prior to the date of the hearing. Based on his hourly wage at C.H.E., the value of thatbenefit was $4,710.40. In my opinion, an award for future loss of vacation is not appropriate inthis case.Expenses Incurred[54] Mr. Jones also seeks compensation for expenses incurred as a result of the contravention.These include $520 for job hunting expenses, and $692 for expenses related to his EmploymentStandards and Human Rights complaints (including $552 for lost wages to attend this hearing).With the exception of the expenses related to the Employment Standards complaint, theRespondents do not dispute these expenses. The claim does not distinguish those expensesrelated to Employment Standards from those related to Human Rights. In my opinion, it isreasonable to assume that these expenses ($140) – which were for photocopies, paper andcouriers – were equally divided between the two complaints. Mr. Jones is therefore entitled tocompensation under s. 37(2)(d)(ii) for expenses incurred in the amount of $1,142.Injury to Dignity, Feelings and Self Respect[55] The Complainant seeks damages in the range of $4,000-5,000 for injury to his dignity,feelings and self respect under s. 37(2)(d)(iii) of the Code. The Respondents submit that anaward in the range of $1,500-1,800 would be more appropriate. Mr. Jones testified that, after hisconversation with Mr. Eisler on November 17, he felt really upset and totally shocked. He hadbeen at the store for 16 years. He had had good relationships with the people there and felt cutoff from those acquaintances. In my opinion, an award of $3,500 is appropriate in thecircumstances of this case.15