If a complainant wins their case at hearing, the Tribunal will order a remedy.
Remedies are not meant to punish the respondent. They are meant to compensate the complainant. The goal is to put the complainant back in the same position they would have been in if they had not been discriminated against.
A complainant must provide evidence to support their claim for compensation.
The Tribunal can order the following kinds of remedies if it finds that discrimination occurred:
Compensation for injury to dignity, feelings, and self-respect
The Tribunal may order the respondent to compensate the complainant for the harm the discrimination caused. The amount of the award depends on:
- the nature of the discrimination (how bad it was and how long it went on for)
- the impact of the discrimination on the complainant
- the complainant’s vulnerability (for example due to their age or other life circumstances)
The amount the Tribunal will award also depends on how much it has awarded in other similar cases. Refer to the BCHRC Awards Chart for information on what awards the Tribunal has ordered in previous cases.
You can also refer to the Tribunal’s website here.
Compensation for Wage Loss
A complainant can ask for compensation for lost pay and benefits. The Tribunal will consider how much wage loss the discrimination caused. A complainant must try to find other work to reduce their lost wages. This is called “mitigation.”
Learn more about how the Tribunal calculates lost wages here.
Compensation for Expenses
The Tribunal can compensate a complainant for fees they had to pay because of the discrimination. This could include the expense incurred to obtain a medical report or attend the hearing.
Getting what was denied
The Tribunal can order a respondent to provide the complainant with the opportunity or benefit that was denied to them because of the discrimination. For example, a complainant could ask for their job back, or for the chance to compete for a job without discrimination.
Steps or programs to address the discrimination
If the discrimination was part of pattern, the Tribunal can order the respondent to take steps to address the discrimination by, for example, adopting a new policy or practice, getting training, or implementing a new program.
If the Tribunal finds that discrimination occurred, it will make a declaration that the conduct complained of, or similar conduct, is discrimination.
Cease and Refrain Order
If the Tribunal finds that discrimination occurred, it will order the respondent to stop the discrimination and not to commit the same or similar discrimination again.