There is an important distinction between a loss of earning capacity in a tort claim, as set out above and the remedy for a prospective lost income in human rights and also arbitral decisions.
It is not required to show a permanent inability to work due to the human rights violation. That being said, this is still a valid argument in the appropriate context in a human rights complaint.
The recent example of a 2021 decision in B.C. deals with this aspect of the remedy quite well, given a permanent medical impairment. The complainant was found to have suffered a serious medical condition due to the adverse treatment afforded to him. He was unable to return to work. He was awarded a future lost income claim of $500,000. 1
However, it is not necessary to show a medical issue which prevents the return to full time employment in human rights jurisprudence. In the event of a termination based on a protected right, the employee may be entitled to receive compensation for arrears of income to the date of the hearing plus the potential of a future lost income claim even where reinstatement is not ordered or not sought.
This issue is reviewed in detail here.