Mitchell v. Migisi Alcohol and Drug Abuse Treatment Centre
The Tribunal accepted the respondent's acknowledgement that the complaint was substantiated under sections 7 and 14 of the Canadian Human Rights Act and, on consent, ordered remedial relief including an apology, payment of $10,000 for pain and suffering under s.53(2)(e), specific payment schedule, and commitments to...
Source-derived case information.
- Citation
- 2005 CHRT 40
- Parties
- Complainant: Karen Mitchell; Commission: Canadian Human Rights Commission; Respondent: Migisi Alcohol and Drug Abuse Treatment Centre
- Court
- Canadian Human Rights Tribunal
- Jurisdiction
- Canada
- Judgment Date
- 13 October 2005
- Procedural Posture
- Canadian Human Rights Act Complaint / Consent Order
- Outcome
- Complaint substantiated and resolved by consent order
- Legal Topics
- Sexual Harassment, Gender Discrimination, Harassment Free Workplace, Remedies
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Karen Mitchell
Complainant
Canadian Human Rights Commission
Commission
Migisi Alcohol and Drug Abuse Treatment Centre
Respondent
Procedural Posture
Canadian Human Rights Act Complaint / Consent Order
Legal Issues
- 1 Whether the respondent infringed the complainant's rights to a harassment-free workplace under the Canadian Human Rights Act (ss.7 and 14)
- 2 Appropriate remedial relief for pain and suffering under section 53(2)(e) of the Act
- 3 Whether remedial measures and termination of the alleged harasser resolve the complaint and prevent future discrimination
Ratio Decidendi
The Tribunal accepted the respondent's acknowledgement that the complaint was substantiated under sections 7 and 14 of the Canadian Human Rights Act and, on consent, ordered remedial relief including an apology, payment of $10,000 for pain and suffering under s.53(2)(e), specific payment schedule, and commitments to eliminate sexual harassment and gender discrimination, which finally resolved the complaint.
Court Disposition
Complaint substantiated and resolved by consent order
Orders
- Respondent to issue an apology to the complainant acknowledging the harassment and her years of service
- Respondent to pay the complainant $10,000.00 for pain and suffering pursuant to section 53(2)(e) of the Canadian Human Rights Act
Full Case Text
Judgment text and source record
1 paragraphs
Mitchell v. Migisi Alcohol and Drug Abuse Treatment Centre Collection Canadian Human Rights Tribunal Date 2005-10-13 Neutral citation 2005 CHRT 40 File number(s) T1000/12004 Decision-maker(s) Sinclair, Grant, Q.C. Decision type Consent Order Decision Content CANADIAN HUMAN RIGHTS TRIBUNAL TRIBUNAL CANADIEN DES DROITS DE LA PERSONNE KAREN MITCHELL Complainant - and - CANADIAN HUMAN RIGHTS COMMISSION Commission - and - MISIGI ALCOHOL AND DRUG ABUSE TREATMENT CENTRE Respondent ORDER MEMBER: J. Grant Sinclair 2005 CHRT 40 2005/10/13 [1] The Respondent, Migisi Alcohol and Drug Abuse Treatment Centre, acknowledges that the complaint filed by Karen Mitchell against the Migisi Alcohol and Drug Abuse Treatment Centre dated October 26, 2001, is substantiated and that Ms. Mitchell's rights under sections 7 and 14 of the Canadian Human Rights Act to a harassment free work environment were infringed. [2] The parties agree to remedy the infringement by settling this case on the terms outlined below. [3] Therefore, on consent of all parties, the Tribunal hereby orders: The Respondent will issue an apology to the Complainant for the harassment she experienced and which acknowledges the Complainant's years of dedicated service to the clients of the agency. The Respondent, Migisi Alcohol and Drug Abuse Treatment Centre, will pay to the Complainant the sum of $10,000.00 for pain and suffering pursuant to section 53(2)(e) of the Act. This sum will be paid in equal installments of $833.33, the first installment to be paid by June 1, 2005 and the final payment to be made on or before May 1, 2006. The Respondent has affirmed its commitment to the obligations set out under the Canadian Human Rights Act and will take steps necessary to eliminate sexual harassment and gender discrimination in the workplace. The Respondent has confirmed that the employment of Mel Hardy was terminated in response to the complaints of Karen Mitchell. [4] This Order finally resolves all matters relating to this complaint. Signed by J. Grant Sinclair OTTAWA, Ontario October 13, 2005 PARTIES OF RECORD TRIBUNAL FILE: T1000/12004 STYLE OF CAUSE: Karen Mitchell v. Migisi Alcohol and Drug Abuse Treatment Centre ORDER OF THE TRIBUNAL DATED: October 13, 2005 PARTIES: Karen Mitchell Complainant Leslie Reaume For the Canadian Human Rights Commission Doug Keshen For the Migisi Alcohol and Drug Abuse Treatment Centre