Human Rights Damage Awards

Alberta

Case Tribunal

Year

Facts Summary Compensatory and Lost Income Awards
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.

Hansen v Big Dog Express AHRC

2002

Pregnancy $5,000
Walsh v Mobil Oil Alta CA

2013

 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.
       
Clark v Bow Valley College AHRC

2014

Issue of the availability of child care following pregnancy leave $15,000 and lost income award of 4 months (mitigation issues)
       
SMS v CEP Union Arbitrator award upheld on review

2015

Child care issues and rotational shift work Ordered to allow regular day shifts
Sunshine Village Corporation v Boehnisch Alberta

KB

2020

Perceived physical disability of ski patroller. Failure to accommodate $25,000 plus lost income of $54,472
Yaschuk v Emerson Electric

 

 

Alb HR Tribunal

May 2022

Verbally sexually harassed by HR Manager.

Adverse conduct had profound effect on the complainant and her allegations were not properly investigated and the conduct was not inadvertent;

$50,000
McCharles v Jaco Line Alb HR Tribunal

Oct 2022

Verbally sexually harassed and inappropriate touching $50,000
Smith v Popowich

 

Alb HR Tribunal

Nov 2022

Verbally sexually harassment persistently.

Commission requested $25,000.

$35,000
Oliva, Pascoe, and Strong v Gursoy Alb HR Tribunal

March 2024

Olivia suffered from adverse treatment due to sexual harassment and physical disability. The offensive conduct was verbal abuse and inappropriate touching.

Pascoe was subjected to sexual harassing conduct, and reprisal.

Strong was sexual harassment.

As a note, the respondent was the former principal of the employer which had become insolvent. He represented himself at the hearing.

 

Olivia - $75,000 and $50,000 for reprisal;

Pascoe - $30,000 and $25,000 for reprisal;

Strong - $50,000