Chapter

Workplace Human Rights

Discrimination, protected grounds, proof, procedure and remedies.

Harris on Canadian Employment Law
Cases · Commentary · Damage charts · Research indexes

Family Status damage awards

The leading case on this subject, a federal decision, allowed for $15,000 compensatory damages and an additional $20,000 for “special damages” the maximum allowed by the federal statute.[1] The failure to accommodate child care issues was again seen as a

Compensatory Damages for Subtle Human Rights Violations

An award of $3,000 was made for injured feelings when the applicant was asked questions relating to her intent to start a family,[1] the sum of $1,500 due to questions asked about the applicant’s family status,[2] and sums ranging from

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

Subtle Forms of Adverse Treatment

Offensive actions based on race, religion, gender and similar protected grounds are typically not direct. This also may often be the case for other forms of human rights violations. As noted above, such a case may be proven by reasonable

Employer Liability

Employer Liability The issue of whom should be named as a respondent in a human rights complaint is regrettably complicated. The answer to this question depends very much on the statute of the relevant jurisdiction and also the nature of

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Independent Canadian employment law analysis by David Q. Harris.

For Mediation of Employment Law & Workplace Human Rights Issues