Until 2001, the highest award for sexual harassment was $10,00. ¹ In 2011, the sum of $12,500 was ordered due to harassment which was found to be demeaning, provocative and aggressive, yet without any physical component. ²

The subsequent highest sum allowed of $35,000 was awarded in 2008 in a case based on adverse treatment due to physical and mental disability suffered by a long term employee. ³

In 2013, a new high water mark award was made of $75,000 ⁴ based on a mental disability. The award was set aside on a judicial review application as “patently unreasonable” on first review ⁵, yet later restored by the Court of Appeal.⁶ The latter noted that the tribunal should not be bound by what had been considered as a historic “range” of  damage awards and that is was not “patently unreasonable” for the tribunal to award a sum in excess of the prior maximum, given proper consideration of the evidence before it.

The sum of $50,000 was awarded in a case in which the employee, hired as a nanny, was treated in a sexually and emotionally abusive manner. She was required to leave the employ after 6 weeks, without financial support and without Canadian immigration status allowing her to work elsewhere. ⁷

These facts are paralleled by an Ontario case in May 2015, one month following the above case, in which migrant farm workers were sexually abused by their employer. They each were in Canada on temporary work permits and threatened with termination and hence deportation, failing a willingness to comply with the owner’s demand for sexual favours. They were awarded $150,000 and $50,000. This was followed by a further award of $200,000 made by the Tribunal and confirmed by the Divisional Court for prolonged sexual abuse. ⁸

The present high side award in British Columbia is now $176,000, to compensate for permanent emotional harm suffered. This was after the Tribunal applied a 20% discount from the contemplated award of $220,000.

A recent Tribunal decision concluded that, given termination of employment, the range of compensatory awards is from $10,000 to $30,000.

A 2023 decision from the same Tribunal set the compensatory award at $50,000 due to adverse treatment in the workplace due to race. ⁹. In this decision, the Tribunal made these observations in setting the award:

The termination of employment is discriminatory conduct that is severe, as I have noted above. Mr. Mema experienced it in the context of public ostracization, with incessant leaks and swirling public chatter consistent with the Misconduct Report. He experienced the indignity of not even learning of his suspension directly from the City at first. Mr. Mema has experienced a notable decline in his mental health and feelings of self-worth and has lost not only his employment but his standing in his professional community. In the context of the cases cited, the evidence before me, and in the absence of submissions from the City, I am satisfied that an award of $50,000 is reasonable.

See the summary of such awards here.