Stanger v. Canada Post Corporation

Stanger v. Canada Post Corporation

The Tribunal found only one event substantiated and concluded the claimant failed to prove a direct causal link between the denial of CLDP endorsement and the alleged long‑term loss of a supervisor position or wages; therefore lost wages and instatement claims were denied. Limited compensation was awarded as follows: two weeks LWOP pay gross $1,829.60 (with interest on the net amount from December 1, 2008 to the date of the ruling per Rule 9(12)); corresponding pension benefit on that amount per Canada Post policy; pain and suffering awarded $2,500 under s.53(2)(e); medical and administrative expense claims denied for lack of causal proof and statutory authority respectively; no award...

Citation
2018 CHRT 14
Parties
Complainant: Jessica Stanger; Commission: Canadian Human Rights Commission; Respondent: Canada Post Corporation
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
24 May 2018
Procedural Posture
Canadian Human Rights Act Complaint / Remedy Determination Following Liability Finding
Outcome
Remedies awarded in part; majority of monetary and instatement claims dismissed due to lack of causal link or statutory authority
Legal Topics
Discrimination on Basis of Disability, Discrimination on Basis of Marital Status, Remedies and Compensation Under S.53 CHRA, Mitigation of Damages, Instatement/reinstatement, Pain and Suffering, Willful or Reckless Conduct
Source Language
English
Human Rights Law Employment Law Administrative Law Discrimination on Basis of Disability Discrimination on Basis of Marital Status Remedies and Compensation Under S.53 CHRA Mitigation of Damages Instatement/reinstatement +2 more

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Parties

Jessica Stanger

Complainant

Canadian Human Rights Commission

Commission

Canada Post Corporation

Respondent

Procedural Posture

Canadian Human Rights Act Complaint / Remedy Determination Following Liability Finding

Legal Issues

  1. 1 Whether there is a causal link between the substantiated discriminatory act (denial of CLDP endorsement) and claimed lost wages/promotional opportunity
  2. 2 Whether instatement ordering a supervisory position is appropriate
  3. 3 Whether mitigation of loss applies to lost wages claim

Ratio Decidendi

The Tribunal found only one event substantiated and concluded the claimant failed to prove a direct causal link between the denial of CLDP endorsement and the alleged long‑term loss of a supervisor position or wages; therefore lost wages and instatement claims were denied. Limited compensation was awarded as follows: two weeks LWOP pay gross $1,829.60 (with interest on the net amount from December 1, 2008 to the date of the ruling per Rule 9(12)); corresponding pension benefit on that amount per Canada Post policy; pain and suffering awarded $2,500 under s.53(2)(e); medical and administrative expense claims denied for lack of causal proof and statutory authority respectively; no award...

Court Disposition

Remedies awarded in part; majority of monetary and instatement claims dismissed due to lack of causal link or statutory authority

Orders

  • Canada Post Corporation shall consider Ms. Stanger’s application to become a supervisor on a priority basis; this obligation expires 180 days from the date of this decision provided Ms. Stanger completes the online career profile within 30 days of the decision
  • Canada Post Corporation shall pay Ms. Stanger gross wages of $1,829.60 for two weeks missed pay (subject to normal source deductions) for LWOP in 2008