This information sheet tells you:
A respondent can apply either:
Note: There is a time limit to apply to dismiss the complaint.
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”.
Section 3 of the Human Rights Code sets out the purposes. The purposes include:
The respondent must show three things:
Employers are responsible for their employees' conduct when they are acting as employees. The legal term is "liable".
The employer should say it agrees that it is liable for the person's conduct.
The Tribunal will consider:
The Tribunal will consider the conduct that the complaint alleges about the individual. How responsible is the individual? Is a remedy against them important?
In these examples, a remedy against the individual may be important.
In these examples, a remedy against the individual may not be as important.
“The Tribunal should dismiss the complaint against the manager.
We rely on Daley v. B.C. (Ministry of Health) and others, 2006 BCHRT 341 at paragraphs 60-62.
- The employer accepts liability for the manager’s conduct.
- The employer will fulfil the remedies it the complainant wins.
- The complaint is about accommodating a disability. The complainant says the manager did not cooperate. The manager followed company policy. There is no need for a remedy against the manager.”