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[Human Rights Damages Awards: Summary: Alberta]
Human Rights Damages Awards: Summary: Alberta
 | Alberta Human Rights Damages Summary | |
| 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 | ||
| Jun-25 | 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 |
| Mar-24 | 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 | the individual respondent harassed her “on an almost daily basis” during the period. The individual respondent did this by making repeated sexual and romantic advances towards the complainant at work, which advances were refused by the complainant. The complainant also alleged that the individual respondent engaged in physical contact with her that was inappropriate and uncomfortable. The individual respondent would touch the complainant, stroke or pat her shoulder and would also place his had on the small of the complainant’s back. The individual respondent would make inappropriate and explicitly sexual comments about the complainant’s physical appearance on an almost daily basis. When the respondent’s advances were refused, the individual respondent would become angry with the complainant for refusing his advances. The individual respondent would also say things to the complainant’s co-workers, customers of the pub and other third parties that would suggest that he was in a relationship with the complainant, when that was not the case. The Director requested $25,000 which was increased by the adjudicator | $35,000 |
| Alb HRT | Commission requested $25,000. | |
| Nov-22 | ||
| 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 AHRT | ||
| 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; | |
| May-22 | ||
| 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 AHRT | termination influenced by mental disabilty | $20,000; lost income for 18 months; order of reinstatement subject to 6 month probationary period |
| Mandziak v Taste of Tuscany Ltd | Three instances of sexual harassment included touching of the buttocks; (2) an attempted kiss; and (3) a prolonged hug, that pinned Ms. Mandziak’s arms to her against Mr. Salem’s body, and touching of the upper buttocks and lower back. | $15,000 |
| May 2017 AHRT | ||
| 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) |
| AHRT 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 | ||
| Hamm v WWD Wireless | The applicant was subjected to abusive behaviour of shoulder rubbing, being blown a kiss and retaliatory conduct of a dismissal letter and false accusations contained within it | $4,500 |
| Hansen v Big Dog Express | Pregnancy | $5,000 |
| AHRT 2002 | ||
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David Harris — Canadian Employment Law
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