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NUNAVUT
A man is entitled to $19,500 in damages after the Nunavut Human Rights Tribunal ruled he was discriminated against because of a workplace injury.

Martin Blanchette is entitled to $19,500, according to the Nunavut Human Rights Tribunal, after Cecil Vendetti Construction and Consulting, his former employer, refused to let him return to work following a workplace injury. - NNSL file photo

Martin Blanchette filed a human rights complaint under sections 7 and 9 of the Human Rights Act, alleging his former employer, Cecil Vendetti Construction and Consulting, refused to let him return to work following a workplace injury.

Blanchette had asked the tribunal for two months pay as compensation, which he will receive.

In a written decision dated Sept. 20, tribunal adjudicator Alan Weeks ruled Blanchette is entitled to $19,500 in damages, representing two months pay.

"I ... have no trouble concluding Mr. Blanchette experienced discrimination related to his disability," he wrote. "His employment was terminated two months earlier than planned because he sustained a workplace injury, which I found to be a disability under the Act."

He added he had "no reason to doubt the uncontradicted evidence of the applicant."

Owner Cecil Vendetti did not participate in the July hearing.

Blanchette won his case but is still fighting to receive the compensation. He said he is satisfied with the decision.

"I'm happy the decision went in my favour," he said. "I said 'all I want is the two months pay I was unjustly not given.' They went with that decision and I'm happy. That's all I asked for. I didn't want more for pain and suffering; I just wanted the two months I was unjustly cheated out of. And that's what they gave me and I'm satisfied with that."

Blanchette added he will seek legal advice as Vendetti has yet to pay him as required within 30 days of the decision.

Blanchette had been working as a powerhouse operator for Vendetti in Nanisivik when he suffered a hernia on Sept. 1, 2005. He had testified under oath that, following his injury, 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 advice down south. He subsequently received medical clearance on Sept. 22 to return to work Oct. 17 as per his eight-week-in, two-week-out rotation.

He notified the company in June 2005 his last day of work would be Dec. 17. 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 else to take his place. Blanchette's case marked the first heard before the Nunavut Human Rights Tribunal.

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