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IQALUIT - A Nunavut worker is seeking compensation for two months work and a written apology from his employer, who he alleges discriminated against him because of a workplace injury.

Martin Blanchette filed a complaint with the Nunavut Human Rights Tribunal alleging his employer discriminated against him because of a workplace injury. The tribunal will rule at a later date. - Jeanne Gagnon/NNSL photo

It marks the first case heard by the Nunavut Human Rights Tribunal.

Martin Blanchette filed a human rights complaint under Section 9 of the Nunavut Human Rights Act, alleging the construction company that hired him discriminated against him after refusing to let Blanchette return to work following a workplace injury.

Blanchette had been working as a powerhouse operator for the construction company in Nanisivik when he suffered a hernia on Sept. 2, 2005. He presented his case in Iqaluit on July 5, bringing no witnesses forward but presenting documents as evidence. The owner of the construction company did not show up.

"I felt I was mistreated, discriminated against because of an injury," Blanchette told the tribunal.

He testified under oath following his injury that staff at the Arctic Bay Health Centre told him to stop work, so he left Sept. 17, four days shy of his rotation out, to seek medical attention down south. After that, he said he received medical clearance on Sept. 22 to return to work, scheduled for Oct. 21, as per his rotation. He would work eight weeks in, four weeks out.

He had already notified the company in June 2005 his last day of work would be Dec. 21. Blanchette testified he called his boss to inform him of his intention to return to work but his boss told him he had hired someone to take his place.

"I felt when I was working with (this company), I would have been given written or verbal warnings, which is normal," Blanchette said following the hearing. "Of course, when you do get hurt during the course of your employment, you figure there shouldn't be a problem seeking medical attention and go back to work. Needless to say when I called (my boss) after seeking medical attention down south and I did have the hernia, I was planning to return to work."

Blanchette is seeking two months pay – for October to December – translating into $12,500 plus a written apology from his employer.

"If anything, if it happens to somebody else in the future, he'll think twice before doing what he did. We're all human beings," he said. "I'm very impressed with the stamina of the Human Rights Tribunal because we've been going through this for five years, mostly because trying to get both parties together was difficult."

As for the absence of the owner of the construction company, Blanchette said this is "very inconsiderate towards the tribunal unless he's very sick but at least he could have notified the tribunal of his absence."

The hearing, which lasted only a single day, was a first for the tribunal, as all cases beforehand were either dismissed or settled through mediation. In this case, the parties could not reach an agreement through mediation.

Adjudicator Alan Weeks said a decision will occur "as quick as humanly possible."

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