Workplace Human Rights

Territories

Yukon legislation allows for an award of punitive damages without a stated cap. Costs are also allowed to be made to the successful complainant. No such sums have been awarded to date. The NWT statute provides the Tribunal authority to order punitive damages up to a maximum of $10,000. Both jurisdictions allow for a costs order against the complainant where the claim has been found to be frivolous. No such orders have been made to date. Nunavut cases will be added when decisions are made.

Yukon

In a 2000 case, the female complainant had advised a co-worker of her sexual preference for female company. She was then subjected to frequent verbal harassment, directly and indirectly. She was fired following her report of these events to the R.C.M.P. 1 She was awarded compensatory damages of $2,000 and an unspecified sum for lost income, designed to provide full restitution for her economic loss.

In a 2012 case the complainant was awarded $5,000 as damages for hurt feelings. She had been subjected to ongoing verbal sexual harassment. 2

In a further case, two young women, aged 17 and 15 at the time of the wrongdoing, were subjected to  physical harassment, including grabbing the buttocks of each young woman. There was also verbal harassment including false allegations with respect to B.S.' sexual activity with a co-worker. They each left their employment due to these events. They were awarded $5,000 each and a limited sum of lost income due to the closing of the business. 3

In a 2014 case, the tribunal found that the female complainant had been "not physically aggressive" conduct over a two week period was found to be at the "most mild end of the spectrum and awarded no compensation. This was set aside on review and the sum of $5,000 was ordered to be paid. 4

This was followed by a 2018 decision in which the male complainant was subject to frequent incidents of "pant pulling" which were of a sexual nature, committed by the male respondent. An award of $5,000 was made, noting that the incidents proven were less frequent than alleged, the victim continued working, and did elect to quit after the last event, by giving five months working notice. In addition, the fact that the complainant had been sexually abused as a child was considered. 5

North West Territories

It is difficult to read the words of a 2008 decision and believe that the accuracy of the statement that damage awards in human rights cases have been traditionally capped in the range of $2,000 to $3,000. That being said, in the referenced case, an award was made of $15,000 as compensatory plus two punitive damage awards of $5,000 and $2,500. 6

In a further 2008 case, the complainant was subjected to sexual harassment and was harassed due to her disability, a chronic back condition. Staff members played sexually explicit music, made suggestive sexual remarks and on one occasion, used dough to make figures in the shape of penises. This type of abusive conduct continued for 18 months, despite complaints made by the victim. Management took no steps to cause the conduct to cease.

She was awarded $1,000 for damages to her dignity and a further sum of $2,500 for punitive damages. 7

A summary of these cases may be found here. Case from Nunavut will be added as they are decided.