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Difference between revisions of "BC Human Rights Code (6:III)"
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BC Human Rights Code (6:III) (view source)
Revision as of 22:00, 20 December 2022
, 22:00, 20 December 2022→5. Civil Action
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=== 5. Civil Action === | === 5. Civil Action === | ||
A final option is to bring a civil action for wrongful dismissal either in Small Claims Court (see | A final option is to bring a civil action for wrongful dismissal either in Small Claims Court (see [[Introduction_to_Small_Claims_(20:I)|Chapter 20: Small Claims]] of the LSLAP Manual) or the BC Supreme Court, depending on the amounts claimed. However, the Supreme Court has held that the common law will not provide a remedy for discrimination per se in the employment context. Please refer to ''[https://www.canlii.org/en/ca/scc/doc/2008/2008scc39/2008scc39.html Keays v Honda Canada Inc]'', 2008 SCC 39 at para 67 [''Keays'']. | ||
The court in ''[https://www.canlii.org/en/ca/scc/doc/2008/2008scc39/2008scc39.html Keays]'' held that breaches of the HRC must be remedied within the statutory scheme of the HRC itself. Thus, even if the reason for dismissal was discriminatory, in a civil action, the claimant will generally only be able to recover damages based on their wrongful dismissal and/or inadequate notice (severance pay). See [[Introduction_to_Employment_Law_(9:I)|Chapter 9: Employment Law]] of the LSLAP Manual. Accordingly, compensation for the discrimination itself must be awarded by the Tribunal. | The court in ''[https://www.canlii.org/en/ca/scc/doc/2008/2008scc39/2008scc39.html Keays]'' held that breaches of the HRC must be remedied within the statutory scheme of the HRC itself. Thus, even if the reason for dismissal was discriminatory, in a civil action, the claimant will generally only be able to recover damages based on their wrongful dismissal and/or inadequate notice (severance pay). See [[Introduction_to_Employment_Law_(9:I)|Chapter 9: Employment Law]] of the LSLAP Manual. Accordingly, compensation for the discrimination itself must be awarded by the Tribunal. | ||
