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

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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
[268] Ms. Heintz testified about her extensive job search after she left ChristianHorizons. As a result of the extreme emotional anxiety she suffered as a result of hertreatment by Christian Horizons she concluded she was unable to continue working inher chosen field. She made committed efforts to find work in other fields. Ultimately,she decided to retrain and went back to school to learn a new career. I have no reasonto doubt Ms. Heintz’s evidence and find, in these particular circumstances, her efforts tomitigate her losses were both diligent and conscientious.[269] As a result, I order Christian Horizons to pay to Ms. Heintz all wages andbenefits she would have received in the period commencing September 23, 2000 andending July 12, 2002, less any monies she earned elsewhere.2008 HRTO 22 (CanLII)Pre and Post-Judgement Interest[270] Pre-judgment interest on the general damage awards is payable fromSeptember 23, 2000 to the date of this decision and shall be calculated in accordancewith section 128 of the Courts of Justice Act.[271] The appropriate date for the commencement of pre-judgement interest on thespecial damage award is the mid-point between September 23, 2000 and July 12, 2002when she commenced full-time employment. That mid-point date is August 2, 2001.Interest on the special damages award runs from that date to the date of this decision.[272] Post-judgment interest on the awards is payable pursuant to s. 129 of theCourts of Justice Act.Public Interest Remedies[273] The Commission requested the following public interest remedies:a. An order that Christian Horizons cease and desist from usingtheir current pre-employment contract at Waterloo 2 and 6,81
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HUMAN RIGHTS TRIBUNAL OF ONTARIO___
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TABLE OF CONTENTSOVERVIEW .........
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I) OVERVIEW[1] In March 1995, the c
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Code which provides a framework and
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[19] The length of the hearing and
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[31] Rev. Reese testified that, aft
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objects and purposes essentially re
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meet the needs of individuals who w
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support services to the residents,
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organization. Each retreat involved
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Heintz was given a Letter of Employ
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Ms. Dorothy Girling, Ms. Heintz’s
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with pay pending the investigation
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ancestry, place of origin, colour,
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such a defence should not be read i
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all help it can to its members to a
Page 34 and 35: Analysis and Application of the Fac
Page 36 and 37: [117] On the basis of the evidence
Page 38 and 39: [124] Rev. Dr. Brent Hawkes, the Co
Page 40 and 41: doctrine, unjustifiably entangle th
Page 42 and 43: Christian Horizon urges me to adopt
Page 44 and 45: persons, individuals identified by
Page 46 and 47: the residents, they were not able t
Page 48 and 49: noted above, that families came fro
Page 50 and 51: would otherwise be discriminatory,
Page 52 and 53: confronted about being in a same se
Page 54 and 55: whole. Section 24(2) imposes a duty
Page 56 and 57: 57. The first step in assessing whe
Page 58 and 59: a rational connection between the q
Page 60 and 61: If individuals in Canada were permi
Page 62 and 63: the faith beliefs of the organizati
Page 64: And so they have gay and lesbian st
Page 67 and 68: discriminatory views of managers or
Page 69 and 70: Horizons’ management from the poi
Page 71 and 72: • On this and suspicious abuse al
Page 73 and 74: Christian Horizons relied on the di
Page 75 and 76: we're committed to as God's way in
Page 77 and 78: obligations placed on all employers
Page 79 and 80: Inc. (No. 4) (1990), 12 C.H.R.R. D/
Page 81 and 82: late in 1999. She testified that wh
Page 83: Heintz. None of her concerns about
Page 87 and 88: take steps to justify why gays and
Page 89 and 90: for over 40 years. It has grown fro
Page 91 and 92: 1. the respondent, Christian Horizo
Page 93 and 94: ADDENDUM TO FINAL DECISION[1] This
Page 95 and 96: Horizons appealed that decision, an
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