If you win a discrimination case in Newfoundland and Labrador, you can typically receive compensation for your lost wages, plus “general damages” for emotional distress. General damages in the province usually range from $2,000 to $25,000 CAD, depending on the severity of the harassment.
When an employer discriminates against you because of your pregnancy, disability, religion, or race, the impact goes far beyond just losing your job. Workplace discrimination damages your career trajectory, causes profound emotional distress, and harms your self-worth. In Newfoundland and Labrador, the Human Rights Act gives adjudicators the power to order financial compensation to help “make victims whole” again.
However, it is important to understand that the Canadian human rights system is not designed to make people millionaires. Unlike massive American lawsuits you see on television, compensation in Canada is strictly calculated based on your actual financial losses and a standardized range of emotional injury awards.
Step-by-Step Process to Calculating Your Claim in NL
Whether you work in Conception Bay South, St. John’s, or Gander, compensation limits are established by past legal decisions (case law) made by the province’s Board of Inquiry. Here is how compensation is typically calculated.
Step 1: Calculate Your Lost Wages (Special Damages)
The largest part of your settlement is often your direct financial loss. 📊 If you were fired for a discriminatory reason (like taking a medical leave), the adjudicator can order your employer to pay you the exact wages you lost between the day you were fired and the day you found a new job. You must provide past pay stubs and T4s to prove your exact earnings.
Step 2: Add Out-of-Pocket Expenses
Did the discrimination cost you money out of pocket? If you had to pay for psychological counselling due to severe workplace bullying, or if you lost your company health benefits and had to pay for expensive prescription medications yourself, these “special damages” can be added to your total compensation claim. Keep all your receipts.
Step 3: Assess General Damages (Injury to Dignity)
General damages are awarded strictly for the emotional pain, humiliation, and injury to your dignity. In Newfoundland and Labrador, a minor incident (like a single inappropriate comment) might yield an award of $2,000 to $5,000 CAD. Severe, long-term harassment or egregious sexual harassment typically results in awards ranging from $15,000 to $30,000+ CAD.
Step 4: Negotiate a Settlement or go to a Hearing
Most cases never reach a public hearing. During mediation at the Human Rights Commission, both parties usually negotiate a confidential lump-sum settlement. If the employer refuses to pay a fair amount, the case will proceed to a formal Board of Inquiry where an adjudicator has the legal power to enforce a binding compensation order.
How Much Does it Cost in Newfoundland and Labrador?
Pursuing compensation through the provincial system is generally highly affordable for the victim.
- Filing and Mediation: Seeking compensation through the NL Human Rights Commission costs $0 in government fees.
- Legal Representation: If you hire a private employment lawyer to negotiate your payout, they typically charge a contingency fee of 25% to 35% of the total compensation they win for you.
- Tax Considerations: General damages are usually tax-free, but lost wage payouts are subject to CRA deductions. A tax professional (around $200 CAD) can help you structure your settlement to minimize taxes.
| Type of Damage | What it Covers | Typical Award Range (CAD) |
|---|---|---|
| Lost Wages | Salary lost while unemployed. | Varies (1 to 12+ months of pay) |
| General Damages | Emotional distress and humiliation. | $2,000 – $25,000+ |
| Special Damages | Therapy bills, lost medical benefits. | Exact cost of receipts |
How Long Does the Process Take?
If you have strong evidence (like discriminatory text messages), an employer may agree to a financial settlement during mediation within 6 to 10 months. 📅 However, if the employer fights the allegations and forces a full Board of Inquiry hearing to determine the compensation amount, it can take 2 to 4 years to receive your final cheque.
Frequently Asked Questions (FAQ)
Can I get punitive damages?
Punitive damages (money intended strictly to punish the employer rather than compensate the victim) are extremely rare in Canadian human rights cases. Adjudicators focus almost entirely on restoring your lost wages and dignity.
Can I get my old job back instead of money?
Yes. The Human Rights Commission has the legal authority to order “reinstatement,” forcing the employer to give you your job back. However, because the working relationship is usually destroyed by the legal battle, most applicants prefer financial compensation.
What if I found a new job right away?
If you secured a new, equally paying job immediately after being fired, your claim for “lost wages” will be very low. However, you can still claim “general damages” for the emotional humiliation of the discriminatory treatment.
Is there a cap on general damages?
Unlike some provinces that have strict legislative caps on human rights awards, Newfoundland and Labrador relies on past case law. While there is no hard legal cap, awards exceeding $40,000 CAD for general damages alone are highly unusual.
Do I need medical proof for emotional distress?
To get a higher award for general damages, you should provide medical evidence. Notes from your family doctor, psychologist, or psychiatrist confirming that the discrimination caused anxiety or depression will significantly strengthen your claim.
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