Ruling (.pdf) - International Center for Law and Religion Studies

discipline show both wilful and reckless behaviour. Mr. Alemu’s reliance on pastperformance appraisals to undermine Ms. Heintz, when recent appraisals showedabove average performance, was both wilful and reckless. The evidence confirms thedevastating effect this behaviour had on Ms. Heinz. The failure to provide any sensitivityor human rights awareness training or to respond to what was clearly a poisoned workenvironment for Ms. Heintz constitutes reckless conduct.Special Damages[265] Where a violation of the Code has been found, a complainant is entitled to becompensated for monetary losses suffered as a result of the breach. Complainantshave a duty to mitigate their losses, but the onus of proving that a complainant hasfailed to take reasonable steps to mitigate lies on the respondent. When assessingwage loss, the principle of “reasonable notice” used in wrongful dismissal actions doesnot apply, though where reinstatement is not requested or ordered, Tribunals mustassess what is reasonable in the circumstances. The Tribunal must determine what thecomplainant would have earned if the discrimination had not occurred. (Smith v. OntarioHuman Rights Commission, [2005] O.J. No. 377, para. 28; Gohm, supra, paras. 127-131)2008 HRTO 22 (CanLII)[266] Ms. Heintz resigned from employment on September 23, 2000. The evidenceestablished that Mr. Alemu told Ms. Girling that Ms. Heintz would have until Septemberto effect changes, and he admitted under cross-examination that if Ms. Heintz had notresigned, and remained in non-compliance with the Lifestyle and Morality Statement,Christian Horizons would have terminated her employment.[267] The Commission and Ms. Heintz seek lost wages for the period commencingSeptember 23, 2000 to July 2002 when Ms. Heintz obtained full time work. During theperiod after she left Christian Horizons, Ms. Heintz did obtain work for a short period oftime. She participated in training and placement programs and also attended a full-timeinformation technology college program between July 2001 and July 12, 2002.80