2000 Decisions — Thibodeau
Craig Thibodeau v. Tusket Sales and Service Limited and Hubert Pothier Board of Inquiry - Scott Gillis
Date of Complaint - May 14, 1998
Date of Appointment - August 24, 1999
Date of Agreement - March 8, 2000
Settled prior to hearing.
Date of decision - June 16, 2000
Thibodeau alleged that he was terminated from his employment with Tusket Sales and Service because of a mental disability.
Terms of Settlement
- $4,500 general damages to complainant
- Letter of reference
Decision
IN THE HUMAN RIGHTS BOARD OF INQUIRY PROVINCE OF NOVA SCOTIA
IN THE MATTER OF:
The Human Rights Act, R. S. N. S., 1989, c. 214 (as amended)
IN THE MATTER OF:
A complaint of discrimination by Craig Nelson Thibodeau against Tusket Sales and Service Limited and Hubert Pothier
IN THE MATTER OF:
A Settlement Agreement entered into by the parties and approved by the Board of Inquiry
WHEREAS the Complainant filed a formal written complaint pursuant to the Human Rights Act, R. S.N.S., 1989, c. 214 (as amended) on 1991, c. 12 (the Act) on May 14, 1998 against the Respondent alleging discrimination in employment on the basis of physical and/or mental disability contrary to Section 5(1)(d)(o) of the Act;
AND WHEREAS I was appointed chairperson of a Board of Inquiry to hear the above-noted complaint and that prior to the commencement of the Hearing scheduled for February 9 , 2000, the Parties advised me that they had successfully settled the matter through the negotiation process;
AND WHEREAS pursuant to Section 34(5) of the Human Rights Act, I submit this Report to the Parties and to the Commission in accordance with the said Section and attached hereto is a copy of the Settlement dated May 19, 2000;
It is hereby decided that the Settlement Agreement be accepted and affirmed by this Tribunal without comment pursuant to Section 34(4) of the Act.
DATED at Kentville, Nova Scotia, this 16th day of June, 2000.
SCOTT A. GILLIS
Chair, Board of Inquiry
Settlement
SETTLEMENT AGREEMENT
BETWEEN:
Craig Nelson Thibodeau
(the "COMPLAINANT")
- and -
Tusket Sales and Service Limited and Hubert Pothier
(the "RESPONDENT")
- and -
THE NOVA SCOTIA HUMAN RIGHTS COMMISSION
("HRC")
WHEREAS the Complainant filed a formal written complaint under the Human Rights Act, R.S.N.S. 1989, c. 214, as amended by 1991, c. 12 (the "Act") on May 14, 1998 against the Respondents alleging discrimination in employment on the basis of physical and/or mental disability contrary to section 5(1)(d)(o) of the Act;
AND WHEREAS pursuant to the provisions of the Act, a Board of Inquiry has been established to inquire into the Complaint;
AND WHEREAS the Complainant and the Respondent have settled the Complaint by the agreement contained herein;
NOW THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows:
- It is acknowledged by the Complainant and the HRC that the Respondent does not, by this settlement, admit any liability to the Complainant or that it breached any provisions of the Act.
- The Respondents shall pay to the Complainant the sum of $4,500.00 as general damages on or before March 1, 2000. These funds shall be held in escrow by the Commission pending approval of this Settlement Agreement by the Commission.
- The Respondents shall, on or before March 1, 2000, provide to the Complainant, a letter on Tusket Sales and Services Limited letterhead, signed by Hubert Pothier. This letter shall contain the dates of the Complainant's employment with the Respondents, a description of the Complainant's core duties, a positive reference that these core duties were performed satisfactorily; and reference to the Customer Satisfaction Survey bonuses awarded to the Complainant. This letter shall be prepared with the assistance of the Commission, if required, and shall be held in escrow by the Commission pending approval of this Settlement Agreement by the Commission.
- The Complainant will provide full and final release in the form attached as Schedule "A". Said release shall be held in escrow by the Commission until the settlement funds are released to the Complainant.
- The parties acknowledge that the settlement is a matter of public record and accordingly any member of the public can obtain the terms of the settlement by contacting the Commission.
- By the signature of its authorized agent hereunder, the Commission, pursuant to Section 32(1) of the Act, hereby gives its approval to the terms of settlement herein.
Signed at Digby, Nova Scotia on May 2, 2000 by Crag Thibodeau , and a witness. Signed by Hubert Pothier and witnesses on March 8, 2000 in Yarmouth. Signed by James Dewar, Chair of the Human Rights Commission and witnesses on May 19, 2000.