I've recently had occasion to read a number of cases of workplace harassment that causes mental suffering and a worker ends up leaving their employment. The question I was researching was how much should an employer pay?
As we know, where the harassment includes a prohibited ground of discrimination under the Human Rights Code (race, gender, sexual orientation, place of origin, colour, religion, family status etc. see s.8 of the Code), the Human Rights Tribunal has authority to grant damages for loss of dignity and hurt feelings. Only in the last year and a half have we seen the Tribunal award more than the usual paltry $3000 damages. In Hashimi v. International Crowd Management (2007 BCHRT 66) they awarded $10,000 and in Toivanen v. Electronic Arts(2006 BCHRT 396)the amount of damages was $20,000. Toivanen is a good case to read because it was well argued and the Tribunal awarded lost wages, lost benefits, legal fees and interest as well.
The highest amount of general damages awarded by a court in British Columbia to an employee who was sexually harassed in the workplace such that she became ill with depression and was unable to work was $125,000. This was the case of Sulz v. Canada (AG) where the court found that the plaintiff, a female former RCMP officer, had established the tort of negligent infliction of mental suffering.
In arbitration cases, the sum of $20,00 -$25,000 is not uncommon for cases where there has been personal harassment (i.e. non discrimination harassment). See the Charlton case from Ontario and the TTC (Stine grievance) case, also from Ontario.
Thursday, January 31, 2008
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