Restitutionary Damages: Recent Decisions Affirm Broad Powers Of Human Rights Tribunal

The purpose of Ontario's Human Rights Code (the "Code") is remedial, not punitive. Accordingly, the Human Rights Tribunal of Ontario has the jurisdiction to fashion awards – both monetary and non-monetary – which are intended to put the applicant back in the position that he or she would have been in but for the discriminatory conduct, as well as eradicate discrimination and ensure future compliance with the Code. The following recent decisions highlight the Tribunal's broad authority in this regard.

1. Monetary Restitution: Lost Wages

In Systemgroup Consulting Inc. v McConaghie,¹ the Ontario Superior Court of Justice upheld an award by the Tribunal for six months of lost wages following the termination of the applicant's employment, even though the termination clause in her employment contract only entitled her to four weeks of pay.