Chart of Alberta Human Rights Damage Awards

Alberta Human Rights Damage Awards: Chart Format

 

CaseFacts SummaryCompensatory and Lost Income Awards
Descending Date Order
General ConsiderationsThe rough maximum of Alberta awards was considered $10,000 until the award of $25,000 upheld in 2013 by the Alberta Court of Appeal  Walsh v Mobil Oil. There was also a reprisal sum awarded in this case of $10,000.
Recent sexual harassment cases have awarded sums between $35,000 to $50,000.


Complainant v 1957753 Alberta Ltd. o/a 4 Seasons TransportRepeated unwanted sexual comments directed to complainant. 50 sexual comments within a five-week message log, indicating a toxic and hostile work environment. Remarks included references to sex toys, the complainant’s body, and sexually charged innuendos. Forced to resign.$50,000 and lost wages for 45 weeks
Alb HRT
25-JunSuffered from depression, intensified ADHD symptoms, suicidal ideations, stomach ulcers, chronic nausea, muscle tension, migraine headaches.

Silliker v Suncor
Alb HRT June 2024Failure to accommodate mental disability. Employee was pregnant at the time of termination. Lost income claim allowed to date of EI maternity leave.$40,000 and lost income for 6 months.

Oliva, Pascoe, and Strong v GursoyOlivia suffered from adverse treatment due to sexual harassment and physical disability. The offensive conduct was verbal abuse and inappropriate touching. Olivia - $75,000 and $50,000 for reprisal = $125,000
Alb HRTPascoe was subjected to sexual harassing conduct, and reprisal.Pascoe - $30,000 and $25,000 for reprisal = $55,000
24-MarStrong was sexual harassment.Strong - $50,000
As a note, the respondent was the former principal of the employer which had become insolvent. He represented himself at the hearing.
Total award $230,000

Smith v PopowichVerbally sexually harassment persistently.$35,000
Alb HRTCommission requested $25,000.
22-Nov

McCharles v Jaco LineVerbally sexually harassed and inappropriate touching$50,000
Alb HRT Oct 2022

Euchner v EZ Motorsadverse treatment due to gender, mental disability, race and retaliation $50,000 including reprisal damages
Sept 2022 AHRC

Yaschuk v Emerson Electric Verbally sexually harassed by HR Manager. $50,000
Alb HRTAdverse conduct had profound effect on the complainant and her allegations were not properly investigated and the conduct was not inadvertent;
22-May

Sunshine Village Corporation v BoehnischPerceived physical disability of ski patroller. Failure to accommodate$25,000 plus lost income of $54,472
Alberta KB 2020

Pratt v U of Alberta
June 2019 AHRCtermination influenced by mental disabilty$20,000; lost income for 18 months; order of reinstatement subject to 6 month probationary period

SMS v CEP UnionChild care issues and rotational shift workOrdered to allow regular day shifts
Arbitrator Award
Upheld on review
2015

Clark v Bow Valley CollegeIssue of the availability of child care following pregnancy leave$15,000 and lost income award of 4 months (mitigation issues)
AHRC 2014

Walsh v Mobil OilGender and reprisal$10,000 and $25,000; lost income due to adverse treatment and reprisal of $472,666 and pension loss of $139,154 and counseling bills of $10,000; Six years of lost earnings was not fully compensated.
Alberta CA
2013

Hansen v Big Dog ExpressPregnancy$5,000
AHRC 2002

Leave a Reply