How much is a workplace harassment claim worth in Canada?
It varies widely. Human rights tribunals award general damages for injury to dignity, feelings, and self-respect, commonly ranging from a few thousand dollars to $40,000 or more, with the most serious and prolonged cases exceeding that. Additional amounts may be awarded for lost wages and treatment costs. There is no general statutory cap on these damages.
Where do I file a workplace harassment complaint in Canada?
You can file with your provincial human rights tribunal (for example, the Human Rights Tribunal of Ontario) or the Canadian Human Rights Commission if you are federally regulated. Occupational health and safety legislation also requires employers to have anti-harassment policies and to investigate complaints. You may also have a civil claim in some circumstances.
What must I prove in a harassment or discrimination claim?
For a human rights claim you generally must show that you experienced adverse treatment connected to a protected ground such as sex, race, disability, age, or religion. For workplace harassment under health and safety law, you must show vexatious conduct or comments that a reasonable person would find unwelcome. Documentation, witnesses, and a record of complaints strengthen your case.
Can I be fired for filing a harassment complaint?
No. Retaliation, or reprisal, for asserting your human rights or reporting harassment is itself a separate violation. If you are dismissed, demoted, or disciplined for complaining, you may have an additional claim for reprisal, which can increase the overall value of your case. Keep records of the timeline between your complaint and any adverse action.