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    Application to Dismiss Complaint: The respondent provided a remedy

    Information Sheet DA6

    This information sheet tells you:

    Legal test: section 27(1)(d)(ii) of the Human Rights Code

    Section 27(1)(d)(ii) of the Human Rights Code says the Tribunal can dismiss a complaint if:

    “proceeding with the complaint … would not further the purposes of this Code”.

    A respondent must show that there has been a remedy for the conduct in the complaint.

    The purposes of the Human Rights Code

    Section 3 of the Human Rights Code sets out the purposes. The purposes include:

    • preventing discrimination
    • providing remedies for discrimination
    • promoting a society where everyone can fully take part.

    When is a complaint remedied?

    The respondent remedies a complaint if they:

    • take the problem seriously
    • address the harm to the complainant.

    The remedy does not need to be exactly what the complainant wants.

    The remedy does not need to be exactly what the Tribunal might order.

    But, the remedy must deal with the conduct in the complaint.

    Example complaint

    An employee says that a co-worker made rude comments about her religion

    Example remedy

    The employer:

    • investigated right away
    • disciplined the person who made the comment
    • gave training to its employees to stop more harassment

    The person who made the comment apologized.

    Example where no remedy

    The employer:

    • investigated the complaint and decided to take no other steps

    The co-worker said any comments were a “joke”.

    Information the Tribunal will consider

    The Tribunal will consider things like:

    • How fast did the respondent address the problem?
    • What steps did the respondent take to address the problem?
    • Did the steps stop the problem?
    • Did the steps reflect how serious the problem is?
    • Did the steps address the harm to the complainant?

    Sample argument

    “We remedied the problem right away.

    We rely on Aflakian v. Fraser Health Authority and another, 2011 BCHRT 170.

    The complaint is about an incident on December 4. We investigated right away. We found the co-worker said the racist words. The co-worker apologized. We told the co-worker we will suspend her if this happens again. We told the complainant this. We reminded all employees about the Respectful Workplace Policy. We organized more training for all staff.”