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Difference between revisions of "BC Human Rights Code (6:III)"
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At a settlement meeting, the Tribunal can make recommendations and provide opinions as to the merits of the case, but cannot force parties to settle. Parties to the dispute may agree to voluntarily settle, in which case the complainant will file a Complaint Withdrawal Form as part of the terms of settlement. | At a settlement meeting, the Tribunal can make recommendations and provide opinions as to the merits of the case, but cannot force parties to settle. Parties to the dispute may agree to voluntarily settle, in which case the complainant will file a Complaint Withdrawal Form as part of the terms of settlement. | ||
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=== 5. Procedural Options for Employees === | |||
The HRC is a particularly useful tool for seeking redress for a client who has been discriminated against in employment situations. Since the B.C. Human Rights Clinic may potentially be able to handle much of the legal work free of charge, a complaint under the HRC may provide a valuable alternative to a client who cannot afford a lengthy wrongful dismissal suit. Additionally, claimants may choose to pursue a wrongful dismissal suit alongside a human rights complaint. Complainants who pursue dual claims will not be able to benefit from “double recovery.” An employee who believes that they were discriminated against in relation to their employment may have more than one procedural option to choose from: | |||
==== a) Employer’s Internal Complaint Procedure ==== | |||
Assuming one exists, this is the most immediate way to obtain a remedy. There is typically a heavy burden on the employee however; as witnesses may be reluctant to come forward and legal counsel is usually not retained at this stage. | |||
==== b) Grievance and Arbitration (Union) ==== | |||
Unionized workers are entitled to representation by their union. If the union backs out of its obligation, the worker may wish to file a human rights complaint and may even decide to name the union as a party if the worker has grounds to believe the union is complicit in the alleged discrimination. Generally speaking, it will not be enough for a breach of the Code where the allegation is that the union has not adequately represented the employee, the union must have engaged in the discrimination. However, initiating the grievance procedure is a best first option, followed by a human rights complaint. A grievance and a complaint can also be filed in tandem. If the matter is not resolved during the initial stages of the union grievance procedure, an arbitration hearing may be held and an arbitrator will determine liability and relief. | |||
==== c) Human Rights Complaint ==== | |||
Another option is, of course, to file a human rights complaint with the B.C. Human Rights Tribunal (see above for the grounds, areas, exemptions, and complaint process, etc.) or, under federal jurisdiction, with the Canadian Human Rights Commission (see below for the grounds, areas, exemptions, and process, etc). The Tribunal can also award lost wages and damages for injury to dignity. However, note that if a complainant is also seeking severance pay and/or punitive damages in a civil suit, they will not be allowed to recover from both proceedings. | |||
==== d) Employment Standards Branch ==== | |||
Employees may choose to file a complaint through the Employment Standards Branch (ESB) self-help kit if their employer has breached the ''Employment Standards Act'' (see [[Foreword_on_Employment_Law_(9:I) | Chapter 9: Employment Law]]). There is a six-month limitation period from the date of the breach and once a complaint has been filed with the ESB, the complainant is barred from initiating a court action on the same matter. Remedies awarded by the Employment Standards Tribunal are intended to make the employee “whole” financially by way of compensation rather than reinstatement. If the complainant is seeking reinstatement they should consider pursuing the issue through the Human | |||
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