[33] Human rights tribunals recognize that both pecuniary and non-pecuniary, or general, damages can and should be awarded in appropriate cases. All human rights codes in Canada, including Alberta’s, provide for compensation for wages lost as a result of an employer’s discriminatory conduct. However, the methods of calculation for wage loss, both as to amount and duration, varies through the country. At its core, the measure of damages requires that an employer be required to compensate an employee for any financial loss suffered as a result of having been a victim of discriminatory employment practices: Foreman v. VIA Rail (1980), 1 CHRR D/233 (Can Human Rights Rev Trib). This deceptively simple concept has proven challenging in its application.
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