Christoforou v. John Grant Haulage Ltd.

Christoforou v. John Grant Haulage Ltd.

Having found discrimination, the Tribunal awarded lost wages only from the date of suspension (May 10, 2010) through a reasonable recovery period ending March 31, 2011 because the complainant did not mitigate his losses thereafter and the causal link to the respondent’s conduct ended; reinstatement was denied because the complainant testified he intended to retire by end of 2015; the Tribunal awarded specific monetary remedies (lost wages, RRSP contributions for the linked period, RRSP early‑withdrawal adjustment limited to the linked period, pension and tax gross‑up adjustments, limited medical expenses), $18,000 for pain and suffering and $15,000 for reckless conduct, set an interest...

Citation
2021 CHRT 15
Parties
Complainant: Michael Christoforou; Commission: Canadian Human Rights Commission; Respondent: John Grant Haulage Ltd.
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
16 April 2021
Procedural Posture
Human Rights Employment Complaint / Remedies Decision Following Liability Finding
Outcome
Respondent found to have discriminated on disability grounds; Tribunal awarded limited lost wages, benefits and other remedies; reinstatement denied; respondent ordered to revise policies and provide training
Legal Topics
Disability Discrimination, Age Discrimination, Accommodation, Remedies, Lost Wages, Reinstatement, Mitigation, Pain and Suffering, Special Damages, Public Interest Remedy
Source Language
English
Human Rights Law Employment Law Administrative Law Disability Discrimination Age Discrimination Accommodation Remedies Lost Wages +5 more

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Parties

Michael Christoforou

Complainant

Canadian Human Rights Commission

Commission

John Grant Haulage Ltd.

Respondent

Procedural Posture

Human Rights Employment Complaint / Remedies Decision Following Liability Finding

Legal Issues

  1. 1 Whether a causal link exists between the respondent’s discriminatory conduct and claimed lost wages
  2. 2 Appropriate cut-off date for lost wages and scope of reasonable recovery period
  3. 3 Whether complainant reasonably mitigated his losses

Ratio Decidendi

Having found discrimination, the Tribunal awarded lost wages only from the date of suspension (May 10, 2010) through a reasonable recovery period ending March 31, 2011 because the complainant did not mitigate his losses thereafter and the causal link to the respondent’s conduct ended; reinstatement was denied because the complainant testified he intended to retire by end of 2015; the Tribunal awarded specific monetary remedies (lost wages, RRSP contributions for the linked period, RRSP early‑withdrawal adjustment limited to the linked period, pension and tax gross‑up adjustments, limited medical expenses), $18,000 for pain and suffering and $15,000 for reckless conduct, set an interest...

Court Disposition

Respondent found to have discriminated on disability grounds; Tribunal awarded limited lost wages, benefits and other remedies; reinstatement denied; respondent ordered to revise policies and provide training

Orders

  • Pay $46,813.76 in compensation for lost wages and vacation pay (May 10, 2010 to March 31, 2011), subject to statutory deductions
  • Pay $3,906 in RRSP entitlements for the linked period