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 woman in Calgary, a victim of sexual harassment, recovered over $800,000 in her claim against her employer. 1
A second decision in Alberta allowed for a total damage award of $656,920 due to adverse treatment due to gender and retaliation. 2
An 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 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. 7
A comparable 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. 8
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 human rights tribunal 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.
These are significant awards which are unparalleled in normal employment law claims based on the wrongful dismissal concept.
Compensatory awards for damages for personal indignity remain generally in the range in most jurisdictions of $10,000 to $50,000,11 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.
This book will explore liability issues, remedies and the process of human rights claims in the employment relationship to provide an awareness of when and how to harness the power of this remedy, and also, how to prevent and defend such cases.
In so doing the laudable goal of the recognition of equality and dignity of all persons in the workplace will hopefully also be understood and promoted. May this be so.