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ARTICLE · 15 APRIL 2015

"Virtual Slave" Awarded $50,000 For Injury To Dignity

McCarthy Tétrault
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Human Rights Tribunal found nanny was sexually assaulted, isolated and underfed by employer.

CanadaEmployment and HR

Human Rights Tribunal found nanny was sexually assaulted, isolated and underfed by employer

Where an employer fails to meet its human rights obligations, the damages awards for the "injury to dignity" component of damages are becoming increasingly significant. The recent decision of the British Columbia Human Rights Tribunal in PN. v. FR and another (No. 2), is an example of the scale of penalty an employer can face where the breach of human rights obligations is at the extreme end of the scale.

The complainant, a domestic worker from the Philippines, was placed with the respondents as a housekeeper and caregiver to their two children. The complainant had two children of her own, whom she left in the Philippines, and she sent money back to support them. She first worked for the family in Hong Kong and, after about a year, the respondents persuaded her to join them when they moved to Canada. The complainant was only in Canada for about 6 weeks before she escaped from

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