A man from Kelowna has received $10,000 in compensation after the British Columbia Human Rights Tribunal found he was unfairly dismissed because of a past bank robbery conviction.
The man, identified only as Mr. T, had applied for a job at MotiveWave, a company that provides software for online trading. He used a new name when applying for the role and answered “no” when asked if he had a criminal record. The tribunal stated that Mr. T lied because he believed his past had no bearing on the work he was applying for.
Tribunal vice-chair Devyn Cousineau ruled that Mr. T’s firing was based on discrimination. The Human Rights Code in British Columbia says a person cannot be discriminated against because of a criminal conviction that has no connection to their job.
“In my view, the injury to his dignity flows from being told that he could not continue to work for MotiveWave because of his convictions,” Cousineau wrote in the decision.
Cousineau ordered the company to pay Mr. T $10,000 for the harm to his dignity, feelings, and self-respect.
The case traces back to a 2014 bank robbery committed by Mr. T when he was in his early 20s. He was later convicted in 2016 and served a nine-month jail sentence. At the time, he was struggling with mental health issues. Wanting a new beginning after serving his time, Mr. T changed his name, a process he completed in 2020.
When he applied to MotiveWave, he used the new name. During the job interview, one of the company owners mentioned that a clean criminal record was important, as the business was run from a home shared with three young children.
Mr. T testified that he did not think his old conviction was relevant. He said he was not a violent person and believed he did not pose a risk to the children or the workplace.
After being hired, he provided his banking information, which still showed his former name. This revealed his past, and the employers quickly found out about his criminal history. He was fired just seven days into the job.
The company stated that Mr. T also showed poor work performance. They said he lacked focus, had issues with colleagues, and was aggressive when talking about certain job conditions.
Still, the tribunal focused on the reason for his dismissal—his past conviction. According to Cousineau, using that as the reason to fire him was a violation of human rights, as his crime had nothing to do with the work he was doing.
Mr. T told the tribunal that he wouldn’t have taken action if the company had simply said he wasn’t a good fit. But being told he was fired for his criminal record made him feel like all the work he had done to turn his life around was ignored.
“That demeaning of my character and who I was made it feel like all the progress I had made was for nothing,” Mr. T said in his statement. “Because ultimately if I ever came into a position of power, then people would only see me for the crimes I’ve committed and not for the good I’ve done.”
The ruling highlights that employers must follow the law when it comes to hiring or firing someone based on their past. If a conviction is not related to the job, it cannot be used as a reason for dismissal under British Columbia’s Human Rights Code.
