Harassment or discrimination can feel isolating and overwhelming. It’s not just about tolerating unfair treatment; it’s also about confronting the fear of retaliation and uncertainty about your rights. But let’s be clear: discrimination should have no place in your workplace. Yet, too often than not, we spend most of our lives in spaces that can undermine our rights—be it work, school, or housing. Confronting such issues is daunting, and deciding where to seek justice is critical. Unfortunately, the Human Rights Tribunal of Ontario (HRTO), despite being designed to address discrimination, is increasingly viewed as a failing institution due to its crippling delays and inadequate awards.
One example is the case of Kochkina v. The Ivy Social Club Inc. (2024). While Ms. Kochkina received $35,000 for enduring harassment and retaliation, this award falls far short of the damages she could have pursued had she brought her case to the Superior Court of Justice (SCJ). With delays at the HRTO stretching to 4-10 years, this case highlights the importance of obtaining legal advice early to navigate the best path to justice.
The Facts of the Case
Ms. Kochkina worked part-time as a bartender at night after her regular job to support her family. Initially, her job seemed like a practical solution to her financial needs, but things quickly turned sour. Her employer, E.G., subjected her to escalating harassment, starting with seemingly simple remarks like “pretty girl” or “man-eater,” which would leave her confused. These comments might sound trivial, but they alone could constitute workplace sexual harassment.
Over time, E.G.’s behavior became overtly aggressive and threatening, making Ms. Kochkina feel unsafe—especially when alone with her employer. After many repeated attempts to be alone with Ms. Kochkina, the employer realized she was not going to give in to his advances. With this frustration in mind, the situation reached a boiling point, and E.G. shouted, in front of patrons and staff, “You wouldn’t f*** me, so you can get the f*** out!** Interpreting this as her termination, Ms. Kochkina went to the manager’s office to collect her final pay. When she questioned the amount that was owed, E.G. became more hostile and tried to take a swing at her.
Fearful for her safety, she reported the incident to the police. However, no charges were laid due to a lack of evidence. For many, this might have been the end—a painful but all-too-common example of systemic failure. But Ms. Kochkina filed a complaint with the HRTO to seek justice. Unfortunately, in this case, the platform it was brought to did not utilize the awards she could have been receiving.
Was $35,000 Enough? Absolutely Not.
Ms. Kochkina’s story is a cautionary tale. While she courageously pursued her rights through the HRTO, the result was neither timely nor fully compensatory. She filed her Application in April 2019. The decision was rendered on November 5, 2024, over five and a half years later.
The tribunal’s delays left her waiting for years for a decision that awarded her $35,000—an amount that, while notable, pales in comparison to what the Courts likely would have awarded for such egregious conduct that she had faced at her workplace. In cases similar to Ms. Kochkina’s, Courts have awarded between $35,000 to $100,000 in damages solely for the mental harm suffered by the employee. Courts also typically award an additional $10,000 to $50,000 in punitive damages to punish the employer for their wrongful conduct.
The Courts not only provide a broader scope for damages, including punitive damages and potential compensation for lost wages, but they also offer a more robust avenue for justice. The HRTO, despite its mandate to uphold human rights, is plagued by delays and administrative inefficiencies that fail to adequately serve victims and will often undercompensate victims.
The Impact of Legal Advice: What Could Have Been
Had Ms. Kochkina sought legal counsel at the outset, she likely would have been advised to bring her case in Court. Superior Courts have the authority to impose higher financial penalties on employers for outrageous conduct like that of her employer, E.G., who publicly harassed and retaliated against her. The Court process also includes mandatory settlement considerations and adjudicates cases faster than the HRTO, sparing victims from the emotional toll of years-long delays.
Part of the reason for this is that ignoring the HRTO very rarely results in any sort of consequences and so will intentionally delay proceedings. In Ms. Kochkina’s case, the employer failed to respond to the HRTO or show up at conferences and hearings for over a year, with the HRTO repeatedly granting extensions to the absent employer.
In sharp contrast, failing to show up to a Court proceeding at a minimum results in the Court ordering the employer to pay an amount of costs to the employee for wasting everyone’s time. Ignoring the Court can also result in the Sheriff showing up to seize property to pay outstanding orders or to arrest someone to force attendance. Employers take Court cases very seriously.
This case underscores a critical point: legal advice is not optional—it’s essential. Understanding the nuances of where and how to assert your rights can significantly influence the outcome of your case. By choosing the wrong forum, victims risk leaving substantial damages on the table.
What Employees Must Know
Time Matters
Delays of 4-6 years at the HRTO are not just frustrating—they’re harmful. Victims endure prolonged uncertainty and emotional strain. Exploring alternatives like the SCJ can save both time and emotional energy.
The Right Forum Maximizes Compensation
The Courts offer a broader scope for damages, including compensation for lost wages and punitive damages designed to punish egregious conduct. Choosing the HRTO, in this case, meant settling for a fraction of the possible recovery.
Legal Advice is Critical
A knowledgeable lawyer can assess your situation and guide you to the most effective legal pathway. They will ensure that your claim is presented in a forum that maximizes both efficiency and compensation.
Why Your Silence Hurts Everyone
When you stay silent, you don’t just lose out on the justice you deserve—you also allow toxic workplaces to thrive. Employers who harass or discriminate count on their victims feeling too scared or powerless to fight back. By taking action, you’re not just standing up for yourself—you’re setting a precedent that can protect others in the future.
Key Takeaways: Don’t Settle for Less
Ms. Kochkina’s case serves as a powerful reminder: securing justice requires informed choices. Victims of harassment and discrimination should always Consult a lawyer early to evaluate all legal options.
Justice delayed is justice denied—and in the case of the HRTO, justice is too often delayed. By seeking timely legal advice, you can ensure that your rights are fully protected and that you receive the remedies you deserve. The lawyers at De Bousquet understand your pain and are here to support you.
Don’t let systemic failures undermine your fight for justice. Take the right step today and give our office a call.