A human rights complaint against a Nanaimo-based non-profit has been dismissed by the British Columbia Human Rights Tribunal following a settlement between the parties. Although the settlement did not directly address the discrimination claims, it led to the complaint’s withdrawal.
In May 2021, a woman who worked as a mental health support worker from 2011 to 2020 filed a complaint against the Vancouver Island Mental Health Society. She alleged she faced discrimination because of a mental disability. The society denied these claims and requested the complaint be dismissed.
The complainant said she was fired while she was “ill and temporarily disabled.” However, tribunal documents note she never officially disclosed any medical issues during the complaint process.
The worker’s union assisted her in filing a separate grievance against the society. In April 2022, the society and the woman reached a grievance settlement. This agreement provided her with $55,000 in general damages and changed her employment status to show that her job had “concluded” rather than been terminated.
After the settlement, the tribunal asked both sides to submit relevant documents related to the human rights complaint. The society met the October 3, 2022 deadline, but the complainant missed three submission deadlines.
Under the British Columbia Human Rights Code, complaints can be discontinued if pursuing them further does not serve the law’s purpose. This can happen when disputes are already resolved through settlements or other means.
Edward Takayanagi, the tribunal’s arbitrator, explained in his ruling that the tribunal’s resources should not be used on cases that have been adequately settled. He said the society had acted responsibly and worked to resolve the issue directly.
While the settlement did not explicitly address the discrimination claim, the woman was compensated for her losses, and the record of her termination was removed. Takayanagi ruled that continuing the complaint would not advance the goals of the Human Rights Code.
For these reasons, the tribunal granted the society’s request to dismiss the complaint last month.
