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Compensatory damages through the human rights process, while still noticeably lower than the sums awarded in comparable tort actions in civil courts, have become more realistic.

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One applicant was awarded her income loss by the Board of Inquiry for a period of two years and 18 weeks, up to the date of hearing.

This is far beyond the sum a wrongful dismissal claim would have allowed.

Also reviewed are other remedies such as constructive dismissal, the use of traditional tort remedies in the civil courts, such as assault and/or battery, which are often coupled often with a claim of vicarious liability to hold the employer accountable for the conduct of its employees.

In addition, there is a review under what circumstances the employer may rightly terminate such persons who have sexually harassed other employees in the workplace.

This text may be of assistance to legal counsel, human resource professionals and all persons seeking knowledge of the law on this subject matter.