B.C. worker awarded more than $170K, harassed and abandoned in Mexico

The B.C. Human Rights Tribunal (BCHRT) has awarded an executive assistant who was harassed, abused, and abandoned in Mexico more than $170,000 in damages.

The amount includes a record $100,000 award for the complainant, known as “Ms. L”, for injury to “her dignity, feelings, and self-respect.”

“In my view, the [record award] is justified, first, by the nature of the discrimination, which lasted longer than other cases, pervaded almost all aspects of Ms. L’s employment, and included physical and sexual violence,” Devyn Cousineau, vice-chair of the BCHRT, said in the ruling.

“Second, Ms. L has presented evidence of a lifelong impact on all aspects of her life.”

This decision serves as a reminder to all employees in Canada that they should seek legal counsel immediately if they believe their human rights have been violated.

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

If you experience harassment or discrimination from a co-worker or supervisor, document the incidents in writing and report them to the appropriate department at your company (i.e. human resources).

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

WATCH: Employment lawyer Lior Samfiru explains everything you need to know about workplace harassment on an episode of the Employment Law Show.

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

Examples of protected grounds include:

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

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What should I do if my employer 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.

In this situation, the law allows you to quit your job and pursue full severance, which can be as much as 24 months’ pay.

If you believe that you have been constructively dismissed, don’t resign before speaking with an experienced 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.

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Filing a human rights complaint

In addition to a constructive dismissal claim, you can file a human rights complaint if you experience harassment or discrimination in the workplace.

The BCHRT, Alberta Human Rights Commission, and Human Rights Tribunal of Ontario are examples of organizations that are responsible for dealing with complaints pertaining to their province’s human rights legislation.

Successful human rights complaints can result in compensation for the individual who experienced harassment or discrimination at work.

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

The short answer is no. Many provinces have legislation in place that gives non-unionized employees the right to report harassment or discrimination at work.

• 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 demoting you, cutting your pay, or increasing your workload. These types of modifications are illegal in Canada.

If your boss disciplines you or threatens to discipline you for asserting your workplace rights, that is a reprisal and you should contact our firm immediately.

ADDITIONAL RESOURCES
• Changes to your job in Ontario: What employees need to know
• What Albertans need to know about changes to their job
• Changes to your employment in B.C.: Employee rights

My employer is pressuring me to quit after reporting harassment at work, what should I do?

No matter how upset your employer is that you reported harassment or discrimination at work, the company can’t pressure or force you to resign.

If your boss is encouraging 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 an experienced employment lawyer at Samfiru Tumarkin LLP.

We can tell you if you have grounds for a constructive dismissal claim.

Already resigned?

If you were forced to quit your job for any reason, connect with a member of our team as soon as possible.

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

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• Employment Law Show: Facts about forced resignations
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Can my employer fire me for reporting harassment or discrimination at work?

No. Since many provinces have legislation in place that gives non-unionized employees the right to report harassment or discrimination at work, it would be seen as retaliation if an individual is fired shortly after doing so.

However, employers in Canada can let staff go 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 can’t terminate non-unionized employees for cause if they report harassment and discrimination at work — meaning no severance package or access to Employment Insurance (EI) benefits.

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.

To justify firing you for cause, your boss would have to prove progressive disciplinary measures were applied and that a lesser penalty wouldn’t be suitable, which is very difficult to do.

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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.