Human rights remedies offer a distinctly different and potentially much more powerful relief than the usual employment law cases brought by civil action. The following cases illustrate the potential of such awards.
A decision in 2013 allowed a woman in Calgary, a victim of sexual harassment, $800,000 in her claim against her employer. 1
A second decision in Alberta in 2012 allowed for a total damage award of $656,920 due to adverse treatment due to gender and retaliation. 2
A 2013 Ontario decision 3 initially granted 8 years back pay of $420,000 plus reinstatement due to the employer’s failure to accommodate the applicant’s disability by allowing for a return to work following her disability. 4 This decision was upheld by the Divisional Court and the Ontario Court of Appeal. The final total of back compensation was in the range of 12 years.
A person who alleged that he was terminated due to his age 5 was awarded in excess of 8 years pay. A similar case in 1998 awarded nine years wage differential due to the denial of a promotion, also due to age. 6
An award of a potential 10 year income loss was made in 2001 by the Canadian Human Rights Tribunal due to discrimination on account of gender. 8
In 2015, the B.C. Tribunal awarded 6 years lost income of $385,000 to a medical doctor who had been delayed entry into a specialist program due to a mental disability. 9
A 2001 human rights tribunal decision in Prince Edward Island ordered damages for lost earnings in the sum of $425,000 to a minister who had been adversely treated by the Church. 10
The B.C. Human Rights Tribunal in 2021 awarded compensatory general damages of $176,000, $264,000 for past lost income, $430,000 for future lost income and $65,000 for a pension loss, in addition to disbursements of $25,000. 11
These are significant awards which are unparalleled in normal employment law claims based on wrongful dismissal.
Compensatory awards for damages for personal indignity remain generally in the range in most jurisdictions of $10,000 to $50,000, 12 which is, nonetheless, a substantial increment from 2 decades ago.
In addition, reinstatement remains an additional potent form of relief.
The human rights regime has been a sleeping giant for many years. It has now awoken.
The human rights remedy is often the most powerful form of relief when the facts meet the definition of a human rights violation in the workplace. It is one which must be well understood for its full impact to be realized.
- City of Calgary v CUPE Local 38 a case which was not pure human rights as the arbitrator used human rights, common law and arbitral remedies. The great extent of the claim was for past and future income loss which would have followed in pure human rights theory.
- Walsh v Mobil Oil The great bulk of this award was for lost income. $35,000 was compensatory damages.
- City of Hamilton The sum of $30,000 was also awarded to compensate for the applicant’s injured feelings.
- The Ontario Court of Appeal dismissed the appeal in May of 2016.
- (Gorksy) in McKee v Hayes-Dana 17 CHRR D/ 79.
- Singh v Statistics Canada (Mactavish)
- McAvinn v Strait Bridge Crossing. [/efn_note]
A similar lost income claim of 10 years in addition to a prospective income loss of an additional 5 years totaling $280,000 due a perceived disability was granted by a the federal human rights tribunal. 7 Turner v Canada Border Services CHRT This was in addition to two distinct awards of $15,000 for compensatory and “special damages”.
- UBC v Kelly
- Reverend Gael Matheson v Presbytery of Prince Edward Island
- Francis v BC #5
- There is a variation of the expected range which varies with the jurisdiction.