Sheikholeslami v. Atomic Energy of Canada Ltd.
T-178-96
Rouleau J.
29/11/96
9 pp.
Application for judicial review of Adjudicator's decision denying applicant reinstatement to former employment with Atomic Energy of Canada Limited (AECL)-Applicant injured at work-Suffered severe injury to lower back rendering her unable to walk-Granted compensation by Worker's Compensation Board of Ontario (WCB)-WCB serving parties with notice applicant fit to return to work-Rejecting applicant's medical evidence of disability-Employer advising applicant employment terminated effective immediately due to refusal to return to work-Applicant filing complaint of unjust dismissal under Canada Labour Code seeking reinstatement to former position, compensation for lost wages and benefits-Adjudicator finding applicant unjustly dismissed, but denying reinstatement to employment-Under cross-examination, it came out that applicant employed as university sessional lecturer during period her Doctor declared her totally incapacitated-Applicant's lack of candour with respect to employment at UBC fundamental to issue of proper award of compensation for lost wages, benefits-Adjudicator not committing error when taking applicant's lack of honesty into account in determining award of damages for lost wages, benefits-Adjudicator's refusal to award interest on compensation award not to be interfered with-Adjudicator's decision to refuse applicant reinstatement set aside-Not proper to base decision with respect to reinstatement on conduct of parties during course of hearing-Not sufficient for employer to merely provide subjective speculation as to why reinstatement not appropriate-Application allowed-Canada Labour Code, R.S.C., 1985, c. L-2.