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.
Termination based on previous convictions
In examining the facts, the BCHRT noted that MotiveWave’s decision to terminate Mr. T was “clearly based at least in part on his criminal convictions.”
The Tribunal highlighted that, during the termination call, “the convictions were the only reason that Mr. Lindsay called Mr. T that night and terminated his employment effective immediately.”
The BCHRT also rejected the employer’s argument that the convictions were related to the job, noting, “Mr. T’s crimes did not involve children, and there is no evidence that he posed any specific threat to children.
“MotiveWave has not suggested that his job required him to work with children, which would trigger the requirement for a criminal record check under the Criminal Records Review Act.”
Reintegrating former criminals
The BCHRT’s analysis emphasized the importance of reintegration for people with criminal records, citing Supreme Court of Canada precedent.
“The right of individuals with criminal convictions to employment and to re-enter the labour market are important values in our society… The saying ‘Once a criminal, always a criminal’ has no place in our society. Individuals who have paid their debt to society are entitled to resume their place in society and to live in it without running the risk of being devalued and unfairly stigmatized.”
The BCHRT also addressed the broader social context, stating, “The legislature’s choice to prohibit discrimination in employment based on an unrelated criminal conviction is a response to unjustified social stigma and exclusion.”
The Tribunal found that Mr. T had demonstrated a firm intention to rehabilitate himself, and that “the likelihood of Mr. T engaging in violent or threatening behaviour, or trying to steal money, was very low, if not negligible.”
