Employee awarded $10,000 for injury to dignity, feelings and self-respect
The British Columbia Human Rights Tribunal (BCHRT) has found that Silver Bullet Solutions, operating as MotiveWave Software, discriminated against a former employee by terminating his employment based on criminal convictions unrelated to his job.
“Mr. T,” who worked for MotiveWave for just seven days, was fired immediately after his employers discovered he had two prior criminal convictions that he had not disclosed during the hiring process.
Mr. T argued this was discrimination under section 13 of the Human Rights Code, which prohibits discrimination in employment based on unrelated criminal convictions.
The BCHRT found that the criminal convictions were a factor in his termination and were unrelated to his employment, so the employer violated the Code.
However, the Tribunal also determined that “Mr. T’s employment would have been terminated regardless of his convictions,” and therefore denied his claim for wage loss.
Instead, the Tribunal ordered MotiveWave to compensate Mr. T with $10,000 for injury to his dignity, feelings, and self-respect.
“The way he was terminated had a significant impact on his mental health and wellbeing. In my view, this amount is a proportionate response to the injury to Mr. T’s dignity in this case,” said Tribunal Member Devyn Cousineau after a three-day hearing.
In examining the facts, the BCHRT noted that MotiveWave’s decision...
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