HRTO 1996

The Board of Inquiry issued an interim decision regarding the scheduling of the resumption of a hearing into a human rights complaint.

After reviewing written submissions from the parties, the panel provided two options: resume the hearing earlier than April 2, 1997, to continue the cross-examination of the complainant, or maintain the status quo and resume on April 2, 1997.

The parties were directed to notify the Deputy Registrar if they unanimously chose the earlier resumption date.

Following a finding that the employer discriminated against the complainant on the basis of handicap by pro-rating his vacation entitlement due to a compensable injury, the Board of Inquiry determined the appropriate damages.

The Board awarded special damages for the 153 hours of lost paid vacation, finding the complainant effectively worked those hours without pay.

The Board also awarded $1,000 in general damages for the infringement of the complainant's right to be free from discrimination, noting the ongoing nature of the infringement over three years.

The complainant brought a motion to amend his human rights complaint to add allegations of reprisal and family status discrimination.

The Commission brought a motion to allow a witness residing in Germany to testify by speaker telephone.

The Board of Inquiry granted both motions.

The Board found it had jurisdiction to amend the complaint as the respondents had adequate notice of the factual issues and would not be prejudiced.

The Board also interpreted section 5.2 of the Statutory Powers Procedure Act as permitting parts of a hearing to be conducted electronically, finding that the respondents failed to establish significant prejudice from the witness testifying by telephone.