If you prove workplace discrimination in New Brunswick, you can be awarded “general damages” for injury to your dignity, usually ranging from $2,000 to $25,000 CAD. Additionally, you may receive compensation for your actual financial losses, such as missed paycheques.
When an employer discriminates against you, the damage goes far beyond your bank account. Being denied a promotion because of your gender, or being fired because you requested a medical accommodation, is a profound insult to your self-respect. In Canadian law, this emotional toll is officially recognized and compensated. 💔
Under the New Brunswick Human Rights Act, adjudicators focus on “making the victim whole.” This means putting you back in the position you would have been in if the discrimination had never happened. Whether you are dealing with a large corporate employer in Saint John or a small business in Bathurst, the New Brunswick Human Rights Commission can seek substantial financial awards on your behalf.
Step-by-Step Process in New Brunswick
To maximize your compensation, you must carefully document both your financial losses and your emotional suffering. The Commission relies entirely on the evidence you provide. 📍
Step 1: Calculating Your Financial Losses
The easiest portion of your claim to prove is your direct financial loss, known legally as “special damages.” If you were fired in a discriminatory manner, calculate your exact lost wages from the day you were terminated until the day you found a new, comparable job. Keep all your pay stubs, records of lost bonuses, and out-of-pocket medical expenses (such as the cost of therapy resulting from workplace harassment).
Step 2: Documenting the Injury to Dignity
Proving emotional distress is more complex. 📒 Adjudicators award “general damages” specifically for the injury to your dignity, feelings, and self-respect. To strengthen this claim, keep a personal journal detailing how the discrimination impacted your daily life, your sleep, and your family relationships. Letters from your doctor confirming a diagnosis of anxiety or depression caused by a toxic workplace are incredibly persuasive.
Step 3: Negotiating a Settlement
Most cases in New Brunswick settle during mediation before ever reaching a formal Board of Inquiry. Your employment lawyer or the Commission’s mediator will use past human rights decisions (jurisprudence) to propose a fair dollar amount to your employer. If the employer agrees to pay, you will sign a formal release, and the compensation will be processed.
How Much Does it Cost in New Brunswick?
Understanding the types of compensation awarded is vital for setting realistic expectations during mediation. 💰
- General Damages (Dignity): For mild or isolated incidents, awards typically range from $2,000 to $5,000 CAD. For severe, long-lasting, or highly malicious discrimination (such as persistent sexual harassment), awards routinely exceed $15,000 to $25,000 CAD in New Brunswick.
- Special Damages (Lost Income): There is no strict cap on lost wages. If it takes you 8 months to find a new job, the employer could be ordered to pay 8 months of your regular salary.
- Legal Costs: If you retain a private human rights law firm, they will usually take a percentage of this final compensation (often 25% to 35%) as their fee.
How Long Does the Process Take?
Receiving your compensation cheque requires patience, as the human rights system operates slowly. ⌚
| Resolution Stage | Estimated Timeline |
|---|---|
| Settlement at Early Mediation | 4 to 8 months after filing |
| Receiving the Cheque (Post-Settlement) | Usually 15 to 30 days after signing the release |
| Winning at a Full Board of Inquiry | 2 to 4 years |
Frequently Asked Questions (FAQ)
Is my human rights settlement taxable by the CRA?
Generally, the portion of your settlement awarded for “injury to dignity” (general damages) is tax-free. However, any money awarded to replace your lost wages (special damages) is considered taxable income by the Canada Revenue Agency and is subject to standard deductions.
Can I get my job back?
Yes, legally, a human rights adjudicator has the power to order “reinstatement,” meaning your employer must give you your job back. However, this is extremely rare in practice, as the relationship between the worker and the employer is usually permanently destroyed.
Does the Commission punish the employer with massive fines?
Unlike the American legal system, Canadian courts do not frequently award massive, multi-million dollar “punitive damages.” The focus in New Brunswick is on compensating you, not punishing the business, though small punitive awards are sometimes granted in cases of extreme malice.
What happens if the employer refuses to pay the settlement?
If an employer ignores a formal order from a Board of Inquiry or breaches a signed settlement agreement, the order can be registered with the Court of King’s Bench. Once registered, it becomes a civil judgment, and you can garnish their bank accounts.
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