Jennifer M. Fantini

The applicant requested a reconsideration of the Tribunal's decision on remedy, which awarded him $5,000 for injury to dignity but denied damages for lost wages because he had mitigated his wage loss.

The applicant argued the Tribunal failed to appreciate the full impact of his carpal tunnel syndrome on his future employability.

The Tribunal dismissed the request, finding that the applicant was attempting to re-argue his case and appeal the decision, which does not meet the limited criteria for reconsideration under the Tribunal's rules.

Following a finding that the respondent discriminated against the applicant by failing to rehire him because of his disability, the Tribunal held a hearing to determine the appropriate remedy.

The Tribunal found that the applicant was not entitled to lost wages because he had completely mitigated his losses by obtaining new employment shortly after his lay-off.

The Tribunal awarded the applicant $5,000 as monetary compensation for the frustration and insult he suffered from the breach of the Human Rights Code.

The applicant alleged discrimination in employment on the basis of disability (carpal tunnel syndrome) when the respondent failed to rehire him after his recall rights expired.

The Tribunal found that the applicant established a prima facie case of discrimination, as employees with less seniority and new employees were hired over him despite his strong performance appraisals.

The Tribunal rejected the respondent's explanation that the applicant was not rehired due to a poor attitude, finding it to be a pretext.

The Tribunal concluded that the respondent's decision not to rehire the applicant was based, in part, on his disability, violating section 5(1) of the Human Rights Code.