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ARTICLE · 06 DECEMBER 2016

Increasing Damage Awards In Human Rights Cases

Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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Employers should be aware that the consequences of failing to provide a discrimination free workplace can be significant.

CanadaEmployment and HR
Andrew Pozzobon
Andrew Pozzobon
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Those of you who attended our recent symposium in Toronto may have heard Cliff Hart speak on this issue.

Generally, human rights tribunals have the authority to award damages for: (i) past and future wage losses; (ii) loss of benefits and other employee entitlements; and (iii) injury to dignity, feelings and self-respect. In the past, damages in human rights cases for injury to dignity, feelings and self-respect were generally modest, with damage awards being limited to an unofficial maximum of around $20,000 in the most severe cases. However, across Canada, damages awarded by human rights tribunals for injury to dignity, feelings and self-respect have been escalating. Employers should be aware that the consequences of failing to provide a discrimination free workplace can be significant.

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