View cases - Stewart McKelvey

68(iii)Compensation for lost wages[239] The complainant seek compensation for all wages and benefits lost pursuant to s. 53(2)(c)of the CHRA. Considering my conclusion as to the date of reinstatement, I order that theComplainant be compensated for all lost of wages and benefits from March 1 st , 2006 to today.The parties are ordered to calculate the amount of wages owing using the formula provided for inthe Collective Agreement. In regards to extra payments that a road Conductor could receive,since it would be difficult for the Tribunal to set an amount, it is ordered that the parties establishthis amount by looking at the extras that were paid for the period to a Conductor with similarseniority working in the terminal, assuming that that Conductor had no unusual absences.The parties could, for example, take into consideration the extra payments that were paid to theemployee who was set up in Jasper in March 2006.2010 CHRT 24 (CanLII)[240] In 2006, the Complainant’s income was $18,233.96. During that period the Complainantwas holding two jobs, that of waitress and the one at the building centre. In 2007, she got apromotion to Assistant Manager at the building centre and her earnings were then of $33,172.58.In 2008, she held the same position with earnings of $37,365.44. In July 2009, she got anotherpromotion to the position of Manager. Since July, she is making $17.00 an hour and working fortyhours a week. For the first months of 2009, she was earning $15.50. She receives no otherbenefits at this job.[241] For mitigation purposes, these amounts should therefore be deducted from the amount ofher lost wages.[242] As to the claim for lost wages from July 2 nd , 2005 to March 1 st , 2006, there was noevidence that the Complainant would have been working during that period. Even if she wouldhave been allowed to remain on the emergency board, there was no evidence submitted thatwould allow the Tribunal to set this amount so the Tribunal makes no order for that period.