Alberta Human Rights Damage Awards: Chart Format
Case | Facts Summary | Compensatory and Lost Income Awards |
---|---|---|
Descending Date Order | ||
General Considerations | The 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 Transport | Repeated 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-Jun | Suffered from depression, intensified ADHD symptoms, suicidal ideations, stomach ulcers, chronic nausea, muscle tension, migraine headaches. | |
Silliker v Suncor | ||
Alb HRT June 2024 | Failure 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 Gursoy | Olivia 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 HRT | Pascoe was subjected to sexual harassing conduct, and reprisal. | Pascoe - $30,000 and $25,000 for reprisal = $55,000 |
24-Mar | Strong 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 Popowich | Verbally sexually harassment persistently. | $35,000 |
Alb HRT | Commission requested $25,000. | |
22-Nov | ||
McCharles v Jaco Line | Verbally sexually harassed and inappropriate touching | $50,000 |
Alb HRT Oct 2022 | ||
Euchner v EZ Motors | adverse 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 HRT | Adverse 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 Boehnisch | Perceived 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 AHRC | termination influenced by mental disabilty | $20,000; lost income for 18 months; order of reinstatement subject to 6 month probationary period |
SMS v CEP Union | Child care issues and rotational shift work | Ordered to allow regular day shifts |
Arbitrator Award | ||
Upheld on review | ||
2015 | ||
Clark v Bow Valley College | Issue 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 Oil | Gender 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 Express | Pregnancy | $5,000 |
AHRC 2002 |