B.C. gas station worker awarded $60K, employer took advantage of immigration status

The owner of a Husky gas station in Burnaby, B.C. has been ordered to pay more than $60,000 to a former employee.

In a recent decision, the B.C. Human Rights Tribunal (BCHRT) ruled that Kuldip Singh took advantage of Harika Kasagoni’s immigration status.

The tribunal found that Singh withheld nearly $10,000 in overtime pay from Kasagoni and accused her of lying about an injury that she filed a WorkSafeBC claim for in December 2016.

“As a newcomer to Canada, Ms. Kasagoni was not familiar with employment laws and minimum standards [in 2013]. She trusted Mr. Singh and counted on him. Mr. Singh knew this; he says he saw her like a daughter,” BCHRT member Devyn Cousineau noted in her decision.

“While this may seem like a nice sentiment, it can create conditions for abuse in an employment context, as I find it did here. It can allow employers to impose obligations on employees out of a sense of obligation, gratitude, or debt, outside of the contractual exchange of labour for pay.”

As a result, the tribunal awarded Kasagoni nearly $25,000 in compensation for lost wages and $35,000 for the discrimination she experienced while working at the gas station.

SEE ALSO
• B.C. Greens calling for NDA ban in harassment and discrimination cases
• Former Vancouver Canucks staffer alleges discrimination, wrongful dismissal
• Vancouver Park Board accused of racism and toxic workplace culture

My boss refuses to provide me with overtime pay, what should I do?

If you are a non-unionized employee in B.C. and your company refuses to provide you with the overtime pay that you are legally entitled to, contact an experienced employment lawyer at Samfiru Tumarkin LLP immediately.

We can review your situation and determine if you have grounds for a constructive dismissal claim.

In this situation, the law allows you to quit your job and pursue full severance pay.

WATCH: Employment lawyer Lior Samfiru breaks down what employees need to know about overtime pay on an episode of the Employment Law Show.

How is severance pay calculated?

In B.C., severance for non-unionized employees can be as much as 24 months’ pay.

This includes individuals working full-time, part-time, or hourly in the province.

The amount of compensation you are entitled to is calculated using several factors, including:

• Age
• Position at the company
• Length of service
• Ability to find new work

To figure out how much you could be owed, use our firm’s free Severance Pay Calculator. It has helped millions of Canadians understand their severance entitlements.

If your company doesn’t provide you with the correct amount, you have been wrongfully dismissed and should contact our firm immediately.

We regularly resolve wrongful dismissal claims and can help you secure proper severance.

LEARN MORE
• Severance pay for provincially regulated employees
• Rights to severance for federally regulated employees
• Should I negotiate my own severance package in B.C.?

What should I do if I experience harassment or discrimination at work?

If you experience harassment or discrimination from a co-worker or supervisor, report the incident to the appropriate individual at the company — as per your employer’s policy (i.e. human resources).

Non-unionized employees in B.C. have a right to work in an environment free of harassment and discrimination.

It’s illegal for workers to be discriminated against based on protected aspects under federal or provincial human rights legislation.

Examples of protected aspects include:

• Age
• Race
• Gender
• Religion
• Family status
• Disability

Your company has a duty to investigate and respond appropriately to allegations of harassment and discrimination in the workplace.

SEE ALSO 
• Disability in the workplace
• Duty to accommodate: Employee rights
• Employment Law Show: Duty to accommodate in Canada

What should I do if my boss is harassing or discriminating against me?

If your employer is creating, or allows for the creation of, a hostile or toxic work environment, there is a very good chance that you can treat it as a constructive dismissal.

However, if you believe that you have been constructively dismissed, don’t quit your job until you speak with an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

We can review your situation, assess your legal options, and help you secure the compensation that you are owed.

LEARN MORE
• Employment Law Show: What to know about workplace harassment
• Employment Law Show: How to handle a bad boss
• Employment Law Show: Mistakes employers make

Filing a human rights complaint

In addition to a constructive dismissal claim, non-unionized employees in B.C. who experience discrimination in the workplace can file a complaint with the BCHRT.

The tribunal is responsible for dealing with human rights complaints pertaining to the province’s Human Rights Code.

Successful complaints can result in compensation for the individual who experienced discrimination.

SEE ALSO
• Recruiter awarded $50K, lost wages after sexual harassment by HR manager
• Admin assistant awarded nearly $40K in discrimination case

Can my boss punish me for reporting harassment or discrimination at work?

Employers in B.C. can’t punish or threaten to punish non-unionized workers for asserting their workplace rights.

• Example: Your manager constantly insults you because of your age. You inform your employer that you are being harassed by a member of the management team. The company can’t make major changes to your job as punishment, including cutting your pay or increasing your workload. These types of modifications are illegal in the province.

If your boss disciplines you or threatens to discipline you for asserting your rights, that is a reprisal and you should contact Samfiru Tumarkin LLP immediately.

SEE ALSO
• Employment Law Show: What to know about changes to your job
• Employment Law Show: Situations that trigger legal disputes

Can my boss pressure me to quit after reporting harassment or discrimination at work?

While your employer might be upset that you reported harassment or discrimination in the workplace, the company can’t pressure or force you to resign.

If your boss is influencing you to step down, document their attempts. Keep any letters, emails, or text messages that show how the company is pressuring you to quit your job.

Once you have gathered all of the relevant documents, don’t resign before contacting our firm. You might have grounds for a constructive dismissal claim.

If you were forced to quit your job for any reason, speak with an experienced B.C. employment lawyer at Samfiru Tumarkin LLP.

In addition to a severance package, you could be owed compensation for any damages associated with the end of your employment.

LEARN MORE
• Employment Law Show: Facts about forced resignations
• Employment Law Show: What your employer legally can’t do

Can my boss fire me for reporting harassment or discrimination at work?

The short answer is no. If a non-unionized employee in B.C. is fired after reporting harassment or discrimination at work, this would be seen as retaliation and potentially “prohibited action” under the province’s Workers Compensation Act.

However, employers can dismiss staff for any reason, as long as they are provided full severance pay and the reasons for their dismissal aren’t discriminatory. This is known as a termination without cause.

Boss fired you “for cause”?

Companies in the province can’t terminate non-unionized employees for cause if they report harassment and discrimination at work.

Considered the harshest punishment in an employer’s arsenal, this type of dismissal is reserved for the worst kinds of workplace offences, such as serious insubordination, theft, or assault.

Not only can your boss let you go without a severance package, but you won’t be able to access Employment Insurance (EI) benefits.

In order to justify firing staff for cause, companies have to prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very hard to do.

LEARN MORE
• Do I have to look for a new job after getting fired?
• Can I get my job back if I am fired?
• Employment Law Show: Facts about the termination process

Lost your job? Speak with an employment lawyer

If you are fired or let go for any reason, or believe that your human rights have been violated, contact the experienced employment law team at Samfiru Tumarkin LLP.

Our lawyers in B.C., Alberta, and Ontario have helped tens of thousands of non-unionized individuals resolve their workplace issues.

We can review your situation, enforce your rights, and ensure that you receive the compensation you are legally entitled to.