David A. Bertschi

The Ontario Board of Inquiry assessed special damages following a finding that the respondent discriminated against the complainant by terminating her employment due to pregnancy.

The Board awarded $12,677 for lost wages, calculated by taking the total period of unemployment until she found permanent work, and deducting amounts for anticipated unpaid maternity leave, child care expenses she would have incurred, and temporary employment earnings.

The Board also awarded pre-judgment and post-judgment interest, rejecting the respondent's argument that the complainant failed to mitigate her damages.

The complainant, a dental assistant, alleged that her employment was terminated because she was pregnant.

The respondent claimed she was dismissed because his wife was returning to work.

The Board of Inquiry found the respondent's testimony less credible and concluded that the complainant was dismissed and denied part-time work because of her pregnancy, in violation of the Human Rights Code.

The Board awarded $2,000 for mental anguish and ordered the parties to negotiate special damages for lost wages.