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.