We’ve been reading a lot of mumbo jumbo about the Christian Horizons people having to pay 23 grand in fines to Connie Heintz.
We call bullshit. It’s 23 grand, plus interest, 2 years pay, and a multi-thousand dollar human rights programme, effective 6 months from now. Heintz, by the way, gets to review the programme to see if it is satisfactory. If not, she can use the red pen.
Human rights justice. The only place where the fines are unlimited, and the judge is told the err on the high side: “[245] A complainant is typically entitled to an award of general damages to compensate for the loss of the right to be free from discrimination. There is no ceiling on general damages. These awards should not be so low as to trivialize the violation or amount to a “licence fee” to discriminate.”
The decision:
1. the respondent, Christian Horizons, shall pay the complainant, Connie Heintz, the following amounts:
(a) general damages in the amount of $8000 for for the application of the discriminatory employment policy;
(b) general damages in the amount of $10,000 for the poisoned work environment;
(c) damages in the amount of $5000 for the wilful and reckless infliction of mental anguish arising from the poisoned work environment;
(d) pre-judgement interest on the amounts in paragraphs (a), (b) and (c) payable from September 23, 2000 to the date of this decision in accordance with the Courts of Justice Act;
(e) special damages amounting to all wages and benefits the complainant would have received between September 23, 2000 and July 12, 2002 less any monies earned elsewhere during that period, plus pre-judgement interest on those amounts commencing August 2, 2001 payable in accordance with the Courts of Justice Act;
(f) post-judgement interest payable in accordance with the Courts of Justice Act.
2. The respondent Christian Horizons shall develop and adopt an anti-discrimination and an anti-harassment policy as well as a human rights training program for all employees and managers within six months from the date of the decision.
3. The respondent, Christian Horizons, shall cease and desist from imposing the Lifestyle and Morality Statement as a condition of employment. The effect of this order is stayed for a period of 8 months from the date of this decision, or for such longer period as the Tribunal may direct.
4. Within 30 days of the date of this decision, the respondent, Christian Horizons, must commence a review of its employment policies, in consultation with the Commission, to ensure that such policies comply with the Code.
5. No later than six months from the date of this decision, the respondent, Christian Horizons shall submit a report to the Tribunal outlining the steps it proposes to take to ensure that its employment policies are in compliance with theCode, including a time frame for implementation.
6. At least 30 days prior to the submission of its proposal to the Tribunal the respondent, Christian Horizons, shall provide its proposal to the Commission and Ms. Heintz.
7. The Commission and Ms. Heintz are entitled to make submissions to the Tribunal on the respondent’s proposal. The submissions will be provided to the Tribunal within 30 days of receipt of the respondent’s proposal.
The rest.
