Human rights and duties
Remedies under the Human Rights Code
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Overview
If the complainant wins their case, the Tribunal will order a remedy for the discrimination. The purpose of the remedy is to put the complainant in the position they would have been in if the discrimination did not happen. It is meant to compensate the complainant, not punish the respondent.
At a hearing, the complainant gives evidence showing the effect of the discrimination and to support the remedies that they ask for. A complainant may ask for the following remedies:
Cease and refrain order
This orders the person who discriminated to stop the discrimination and not to commit the same or similar discrimination again. The Tribunal must make this order if it finds the complaint justified.
Declaratory order
This says that the conduct complained of or similar conduct is discrimination.
Steps or programs to address the discrimination
If the discrimination is part of a pattern or practice, the Tribunal can order the respondent to take action or adopt a program to fix the discrimination.
Getting what the complainant was denied
For example, a complainant can ask for their job back, for a licence or benefit that was denied, or for the chance to compete for a job without discrimination.
Compensation for lost wages
A complainant can ask for lost pay. Usually this is wage loss, but it can include lost benefits, such as health, pension or employment insurance benefits.
Learn more about compensation for lost wages.
Compensation for expenses
A complainant can provide receipts or other evidence to prove expenses because of the discrimination. This could be expenses to attend the hearing, or expenses to prove the complaint, like the cost of a medical report.
Compensation for injury to dignity, feelings and self respect
A complainant gives evidence about how the discrimination affected their dignity, feelings and self-respect.
The Tribunal considers the circumstances of the case such as:
- The nature of the discrimination
- The vulnerability of the complainant
- The effect of the discrimination on the complainant
Learn more about compensation for injury to dignity, feelings and self-respect.
Interest
A complainant can ask for interest on the amounts ordered.