Hughes v. Transport Canada

Hughes v. Transport Canada

Tribunal orders instatement of Complainant to PM-04 Intelligence Analyst on first reasonable occasion (subject to required conditions of employment including security clearance), rejects instatement to TI-06 Inspector because evidence failed to establish a mere but serious possibility of promotion from Analyst to Inspector, fixes lost wages compensation period causally linked to discrimination as May 8, 2006 to May 7, 2011 (with deduction of any employment income earned in those years), awards $46,100 for lost overtime, orders employer pension contributions for the period, orders gross-up for tax consequences, awards $15,000 for pain and suffering and $5,000 for reckless discrimination,...

Citation
2018 CHRT 15
Parties
Complainant: Chris Hughes; Commission: Canadian Human Rights Commission; Respondent: Transport Canada
Court
Canadian Human Rights Tribunal
Jurisdiction
Canada
Judgment Date
1 June 2018
Procedural Posture
Canadian Human Rights Act Employment Discrimination (disability) / Remedies Hearing/decision
Outcome
Complaint upheld in part; remedial orders granted for instatement to PM-04 and monetary compensation; claim for promotion to TI-06 denied.
Legal Topics
Instatement, Promotion, Lost Wages and Benefits, Mitigation, Pain and Suffering, Special Compensation (wilful/reckless), Confidentiality Orders, Admissibility of Settlement
Source Language
English
Human Rights Law Employment Law Administrative Law Labour/collective Agreement Law Disability Accommodation Instatement Promotion Lost Wages and Benefits +5 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 12 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Chris Hughes

Complainant

Canadian Human Rights Commission

Commission

Transport Canada

Respondent

Procedural Posture

Canadian Human Rights Act Employment Discrimination (disability) / Remedies Hearing/decision

Legal Issues

  1. 1 Whether Complainant must be instated to PM-04 Intelligence Analyst (remedy for discrimination)
  2. 2 Whether Complainant would have been promoted to TI-06 Inspector (promotion/remedial claim)
  3. 3 Appropriate period and quantum for lost wages and benefits and overtime

Ratio Decidendi

Tribunal orders instatement of Complainant to PM-04 Intelligence Analyst on first reasonable occasion (subject to required conditions of employment including security clearance), rejects instatement to TI-06 Inspector because evidence failed to establish a mere but serious possibility of promotion from Analyst to Inspector, fixes lost wages compensation period causally linked to discrimination as May 8, 2006 to May 7, 2011 (with deduction of any employment income earned in those years), awards $46,100 for lost overtime, orders employer pension contributions for the period, orders gross-up for tax consequences, awards $15,000 for pain and suffering and $5,000 for reckless discrimination,...

Court Disposition

Complaint upheld in part; remedial orders granted for instatement to PM-04 and monetary compensation; claim for promotion to TI-06 denied.

Orders

  • Instate Complainant on first reasonable occasion, without competition, to Intelligence Analyst PM-04 at Esquimalt, BC (or Vancouver if Complainant willing to relocate), subject to required conditions of employment including security clearance
  • Provide Complainant with training appropriate to position after instatement having regard to passage of time