‘With human rights law… the convictions don't have to be the sole factor in the decision to terminate’
An employer discriminated against a worker by terminating his employment because of criminal convictions unrelated to his work duties, despite the fact that it had other reasons for termination, the British Columbia Human Rights Tribunal has ruled.
“When an employer comes across information that causes it to want to end the relationship, before you take any of those steps, do your due diligence and make sure you have all the information available to you,” says Trevor Thomas, a partner and co-founder of Ascent Employment Law in Vancouver. “And whenever you have someone with performance issues, make sure they’re well documented, especially during the probationary period.”
The worker had issues with undiagnosed mental illnesses when he was in his early 20s. He became fixated on money and drew up a plan to rob a bank to prove that money was a myth – a period that was later diagnosed as “full-blown psychosis.”
In December 2014, he followed through on his plan and robbed a bank. He was charged with bank robbery and also with obstruction of justice after he communicated with a witness. In December 2016, he was convicted of both charges and sentenced to nine months in jail. During his incarceration, he made efforts to heal himself.
After his release, the worker received psychiatric treatment. He started taking medication, developed...
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