skip to main content





Back to all publications
Apr 7, 2014

HR Risk: Human Rights Damages on the Rise

By Lorenzo Lisi

*This article appeared in the April 2014 issue of HRD Magazine and is written by Lorenzo Lisi.

Human resource professionals are a sophisticated lot. They understand the law, assess risk, and make decisions relative to employee accommodation and business realities. There is always risk of a claim or complaint, but generally (in the past), damage awards where there was a violation of human rights legislation were relatively low.

Recently, however, Canadian courts and tribunals have shown a willingness to increase
damage awards for a breach of human rights legislation, resulting in significant damage awards. Some would say we are moving towards the U.S. model of damages for human rights for claims of discrimination and harassment.

To read the rest of the article, please click below.

Related Publications

Publications Article
ESA Update: Ontario Set to Return to Its Former Public Holiday Pay Calculation By Fiona Brown, Michael F. Horvat and Nicholas Smith May 15, 2018 On May 7, 2018, the Ontario government introduced Ontario Regulation 375/18, signalling the end of the holiday pay calculation recently brought in by Bill 148. As of July 1, 2018, the public holiday pay calculation provided for in the Employment Standards Act, 2000 will revert back to the old for...
Publications Article
Collective Agreement Benefits vs. Paid Emergency Leave – First Look After Bill 148 By Fiona Brown, Michael F. Horvat and Nicholas Smith May 15, 2018 Bill 148 introduced, for the first time in Ontario, a requirement that all employers provide paid leave for the first two days of Personal Emergency Leave taken by an employee in a calendar year. Labour arbitrators are frequently tasked with examining the interplay between the benefits provided u...
Publications Article
Bill 53 Proposes Minimum Pay Rates for Workers Under Government Contracts By Fiona Brown and Nicholas Smith May 14, 2018 In mid-April, the Ontario government introduced Bill 53, the Government Contract Wages Act, 2018 (the “Bill”). The Bill, if passed, will set out new wage rates for workers in certain sectors under contract with government entities.