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BC Human Rights Tribunal

Sexually assaulted nanny awarded $50,000 by BC Tribunal for loss of dignity, feelings and self-respect

Jurisdiction: - British Columbia

In PN v. FR and another (No. 2), 2015 BCHRT 60, a nanny who was sexually assaulted and otherwise exploited by her employer, was awarded $50,000 by the BC Human Rights Tribunal for loss of dignity, feelings and self-respect. In awarding these damages the Tribunal stated as follows:

[132]      In this case, the impact of the discriminatory conduct can be seen to be severe. Although it took place over six weeks, the impact was long-lasting and impacts the complainant until now.  read more »

Female employee was participant / instigator of crude, ongoing sexual banter; harassment complaint dismissed

Jurisdiction: - British Columbia
Sector: - Retail Trade

In Kafer v. Sleep Country Canada and another (No. 2), 2013 BCHRT 289, the BC Human Rights Tribunal ruled that a female employee was participant in, and instigator of, crude and ongoing sexual banter and therefore dismissed her sexual harassment complaint against her employer, Sleep Country Canada.

In reaching this conclusion, the Tribunal Member stated the following:

[32] The Supreme Court of Canada has defined sexual harassment as "unwelcome conduct of a sexual nature that detrimentally affects the work environment or leads to adverse job-related consequences for the victims of the harassment": Janzen v. Platy Enterprises Ltd. (1989), 10 C.H.R.R. D/6205 at D/6227.

[33] In Mahmoodi v. University of British Columbia, [1000] B.C.R.T.D. No. 52 (Q.L.) the Tribunal set out the test for whether conduct is unwelcome. It stated:  read more »

BC HR Tribunal awards $900 in costs against former employee who tried to resile from settlement agreement

Jurisdiction: - British Columbia

In Edwards v. Schnitzer Steel Pacific, 2012 BCHRT 335, the BC Human Rights Tribunal:

  • granted the employer's application to dismiss the former employee's human rights complaint under section 27(1)(d)(ii) of the BC Human Rights Code; and
  • awarded the employer $900 in costs due to the fact that the former employee had tried to resile from a settlement agreement that he had previously entered into, with the assistance of his lawyer, with the employer.

Diana Juricevic appointed member of BC Human Rights Tribunal

Jurisdiction: - British Columbia

Diana Juricevic was appointed on February 16, 2012 as a member of the BC Human Rights Tribunal. Her bio states:

Before joining the BC Human Rights Tribunal, Diana Juricevic was a Legal Officer in the
Defence Support Section for the United Nations Assistance to the Khmer Rouge Trials of the Extraordinary Chambers in the Courts of Cambodia. She was also the Associate Director of the International Relations Program at the University of Toronto. Previously, she practised international criminal law before the International Criminal Tribunal for the former Yugoslavia, and she was also the Acting Director of the International Human Rights Program at the University of Toronto¿s Faculty of Law where she taught courses on international criminal law and human rights advocacy. In 2007, Ms. Juricevic was named by the Women's Executive Network as one of the Top 100 Most Powerful Women in Canada¿ and profiled in Chatelaine in 2008 as one of 80 Canadian Women to Watch. She holds her Bachelor of Arts (Honours), Bachelor of Laws, and her Master of Economics from the University of Toronto.

"B.C. Human Rights Tribunal Changes – Will They Be Enough?"

Jurisdiction: - British Columbia

The Business Council of British Columbia has published an article entitled, "B.C. Human Rights Tribunal Changes – Will They Be Enough?" (September 2011) in its Human Capital Law and Policy publication.

The article was co-written by Thomas Roper, Q.C. and Jennifer Russell of the law firm Roper Greyell.

Among other issues, it addresses the "growing dissatisfaction within some segments of the employer community regarding the work of the [BC Human Rights] Tribunal" and the study undertaken last year by the British Columbia Law Institute, at the behest of the BC Ministry of Labour, of the merits of establishing a Workplace Tribunal for British Columbia that would adjudicate all employment related disputes.