While a work settlement did not address discrimination claims directly, the B.C. Human Rights Tribunal says it has led to dismissal of a complaint against a Nanaimo-based non-profit.
A woman who was employed as a mental health support worker from 2011-2020 filed a complaint against Vancouver Island Mental Health Society in May 2021, claiming she was discriminated against "on the basis of mental disability." The society denies the allegations and applied to have the complaint thrown out.
The worker claims she was fired while "ill and temporarily disabled," according to court documents, although she never disclosed any ailments to the tribunal.
Her union helped her file a grievance, separate from the human rights complaint. In April 2022, the society and the worker determined a grievance settlement, which would pay her $55,000 in general damages and amend her status to say she wasn't terminated, but had "concluded" her employment, said the documents.
Subsequently, the human rights tribunal informed both parties that documents related to the complaint would need to be filed and while the society made its submissions by the Oct. 3, 2022 deadline, the complainant missed three deadlines to submit documents.
The B.C. Human Rights Code allows for complaints to be discontinued when advancing the matter "would not further the purposes of the code," the documents stated. This includes instances where complaints have been "appropriately resolved."
"The tribunal’s ability to fulfill the purposes of the code is harmed when its resources are taken up with complaints that have already been adequately addressed, whether through settlement, unilateral respondent action or other proceedings," stated Edward Takayanagi, arbiter for the B.C. Human Rights Tribunal, in his ruling.
He said while the settlement did not specifically address the worker's discrimination claims, the society made efforts to settle the dispute "in a direct and attentive manner."
"[The worker] was awarded a sum of money compensating her for her losses and injuries and her termination was rescinded," the arbiter ruled. "In these circumstances, where the society has shown it has addressed the impact of the alleged discrimination, I cannot say it would further the purposes of the code to proceed with the complaint."
As such, the society's application to dismiss the complaint was granted last month.
