Hicks v. Human Resources and Skills Development Canada

Hicks v. Human Resources and Skills Development Canada

The Tribunal held that the TDRA period is properly calculated as 12 months under s.2.18.4; the $450 lease liability was compensable under s.2.12.5(d) and awarded; the three disputed trip expenses (two spouse visits and a second return trip by the complainant) were not compensable under s.2.13.2 and were denied; total TDRA award is $16,817.32 plus simple interest at the Bank of Canada Rate from November 23, 2004 until payment.

Citation
2014 CHRT 24
Parties
Complainant: Leslie Hicks; Commission: Canadian Human Rights Commission; Respondent: Human Resources and Skills Development Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
22 August 2014
Procedural Posture
Human Rights Discrimination TDRA Claim / Remedies Quantum Determination After Liability Finding
Outcome
Partial award for Complainant: TDRA awarded in part; some travel claims denied.
Legal Topics
Temporary Dual Residence Assistance, Family Status Discrimination, Relocation Directive Interpretation, Interest on Awards
Source Language
English
Employment Law Human Rights Administrative Law Temporary Dual Residence Assistance Family Status Discrimination Relocation Directive Interpretation Interest on Awards

Case Brief

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Parties

Leslie Hicks

Complainant

Canadian Human Rights Commission

Commission

Human Resources and Skills Development Canada

Respondent

Procedural Posture

Human Rights Discrimination TDRA Claim / Remedies Quantum Determination After Liability Finding

Legal Issues

  1. 1 Whether the TDRA entitlement period is nine or twelve months under the Relocation Directive
  2. 2 Whether the $450 lease liability deposit is compensable as lease liability under section 2.12.5(d)
  3. 3 Whether travel expenses for two spouse visits and a second return trip home are compensable under sections 2.13.2(c)-(e)

Ratio Decidendi

The Tribunal held that the TDRA period is properly calculated as 12 months under s.2.18.4; the $450 lease liability was compensable under s.2.12.5(d) and awarded; the three disputed trip expenses (two spouse visits and a second return trip by the complainant) were not compensable under s.2.13.2 and were denied; total TDRA award is $16,817.32 plus simple interest at the Bank of Canada Rate from November 23, 2004 until payment.

Court Disposition

Partial award for Complainant: TDRA awarded in part; some travel claims denied.

Orders

  • Respondent shall pay $16,817.32 to the Complainant as compensation for TDRA expenses pursuant to section 53(2)(c) of the Canadian Human Rights Act.
  • The award in order (1) shall include simple interest calculated yearly at the Bank of Canada Rate (monthly series) from November 23, 2004 until the date of payment pursuant to section 53(3).