The Canadian Human Rights Tribunal has ordered a Victoria man be given a full-time job, and compensation that could reach $500,000 from Transport Canada.
The tribunal ruled Chris Hughes faced discrimination after he was denied a position in 2006, after telling interviewers he had experienced depression.
He learned of the decision in early June.
Hughes said he had done well in preliminary tests and interviews for a marine intelligence officer position with Transport Canada, getting 91 per cent on a knowledge test and acing an hour-long interview with a panel board.
B次元官网网址淚t was one of the hardest things IB次元官网网址檝e done,B次元官网网址 he said. B次元官网网址淏ut I felt good about it.B次元官网网址
Hughes said the next step was to look at references, which he deliberately left blank because of past problems with his employer. He previously worked for the Canada Customs and Revenue Agency, now known as the Canada Revenue Agency, and the Canada Border Services Agency.
B次元官网网址淚 explained to TC that I was a whistle-blower,B次元官网网址 he said.
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Hughes had filed two internal complaints, one while working on the revenue side of the agency, another while working for the border services branch.
After filing these complaints in 2000, he said, he faced B次元官网网址渞etaliatory reactionsB次元官网网址 that made his work life B次元官网网址渉ostile and toxicB次元官网网址 for the next five years before he was forced to resign.
As a consequence of the job loss, Hughes became depressed and was forced to liquefy assets in order to survive.
B次元官网网址淚 told [Transport Canada] that I had become sick from the reprisals by CRA and CBSA and had to take time off work and that Health Canada was involved. They really didnB次元官网网址檛 seem put off at all.B次元官网网址
Hughes said he had offered other referrals, and performance reviews from the CRA and CBSA, and that Transport Canada seemed fine with those alternatives.
B次元官网网址淭hen they called me and told me I had failed,B次元官网网址 he said.
Hughes struggled to find work after that and wound up couch-surfing and taking up contract jobs to make ends meet.
In June 2006, he filed a public service commission staffing complaint to get copies of the board notes, which revealed that references werenB次元官网网址檛 necessary to pass if the interview was strong enough.
However, it wasnB次元官网网址檛 until 2013 when he saw the original copies of the interview lead sheets that he realized his interview notes had been altered. The finding led to a case with the Canadian Human Rights Tribunal, where decisions are split between a liability and a remedy hearing. The liability decision came out in 2014 and was in HughesB次元官网网址檚 favour, but was then set aside by a federal judge, and appealed, then reinstated.
The delay in the process led to a complaint with the Human Rights Commission, which only added to the complexity.
B次元官网网址淚n 2009, I did a privacy request to see what was going on,B次元官网网址 Hughes said. B次元官网网址淭he privacy co-ordinator said it would take four years to process because there were 30,000 documents.B次元官网网址
This month, the remedy decision was announced: Hughes would be hired as a marine intelligence officer and be paid for five years of missed payment, which he estimated would be near $500,000, including pensions and benefits.
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When reached for comment, Transport Canada said via email:
B次元官网网址淭ransport Canada is reviewing the remedies decision; the department is not in a position to provide more information on personnel matters.B次元官网网址
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Hughes has mixed feelings about the results, saying it took far too long, and that he doesnB次元官网网址檛 understand why only five of the 12 years were covered. He also has not seen any dates as to when the job or funding will come through.
B次元官网网址淯ntil IB次元官网网址檓 hired, IB次元官网网址檝e asked to have leave with pay now so I can have my health and dental back,B次元官网网址 he said. B次元官网网址淚B次元官网网址檝e also asked that they immediately pay $200,000 so I can repay my debts.B次元官网网址
nicole.crescenzi@vicnews.com
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