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Remedies under Human Rights Laws

If your human rights have been violated by sexual harassment at work there are a number of remedies you can access. This is an overview of the possible remedies.

Complaints to the Saskatchewan Human Rights Commission

In order to resolve a human rights complaint your employer could agree to:

  • Provide or have the harasser provide a letter of apology.
  • Provide education about human rights laws and workplace sexual harassment to your workplace.
  • Reinstate you if you have been let go.
  • Compensate you for wages you lost because you were wrongfully let go.
  • Make a payment to you for damage to your dignity, feelings or self-respect as a result of the discrimination.
  • Provide you with a Letter of Reference if you are seeking employment elsewhere.

An agreement to resolve the issue can be made any time up until a court order is made in the case.

When the Saskatchewan Human Rights Commission refers a case to Court

If a complaint to the Saskatchewan Human Rights Commission is not resolved, the Chief Commissioner can refer the case the Court of Queen's Bench. If they find your human rights have been violated the court can order any person to:

  • comply with The Saskatchewan Human Rights Code
  • rectify any injuries you incurred because of the discrimination
  • compensate you for any injuries you incurred because of the discrimination

Orders the court can make include things like ordering:

  • Any person to comply with the Code.
  • That a program be put in place to prevent this kind of discrimination from happening in the future.
  • That you be reinstated.
  • That you be compensated for any wages or benefits you lost because of the discrimination.
  • That you be reimbursed for any expenses you incurred because you were discriminated against.
  • The person responsible for the discrimination to pay you up to $20,000 for injury to your dignity, feelings or self-respect that occurred because of the discrimination.

When a Complaint is made to the Canadian Human Rights Commission

Federally regulated employees can make a complaint to the Canadian Human Rights Commission. The Commission can:

  • dismiss the complaint
  • send the complaint to conciliation
  • decide that they need more information or more time to make a decision
  • refer the complaint to the Canadian Human Rights Tribunal

When the Canadian Human Rights Commission refers a case to the Canadian Human Rights Tribunal

If the Canadian Human Rights Commission refers the case to the Canadian Human Rights Tribunal they can order the other party to...

  • stop the discrimination and take action to prevent this type of discrimination in the future
  • make available to the victim, on the first reasonable occasion, the rights, opportunities or privileges that were denied because of discrimination
  • compensate the victim for any or all of the wages that the victim was deprived of and for any expenses incurred by the victim as a result of discrimination
  • compensate the victim in an amount up to $20,000 for any pain and suffering that the victim experienced as a result of the discrimination
  • pay up to $20,000 as compensation to the victim if they find that the person discriminated wilfully or recklessly

Complaints to the Saskatchewan Human Rights Commission and the Canadian Human Rights Commission must be made within 12 months of when the incident happened.

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This site provides general information about workplace sexual harassment only. It is not a substitute for receiving legal advice about your situation. Apply now to receive 4 hours of free legal advice.

The Shift Project is funded by the Department of Justice and delivered by the Public Legal Education Association of Saskatchewan (PLEA).