Contents


BC Human Rights Tribunal

Sample Settlement Agreements

AGREEMENT TO SETTLE SAMPLE #1

BETWEEN:

[insert Complainant’s name]

COMPLAINANT

AND:

[insert Respondent’s name]

RESPONDENT

Re: A complaint under the Human Rights Code, R.S.B.C. 1996, c. 210 (as amended); Case Number: ______

The undersigned parties agree as follows:

  1. The Respondent agrees to institute a “human rights policy” within two months of the date of this agreement and to provide the Complainant with a copy of the policy. The policy will include terms:
    1. requiring compliance with the policy by all employees and directors of the Respondent;
    2. requiring a respectful workplace for all employees, directors, customers and others who deal with the Respondent;
    3. prohibiting conduct contrary to the BC Human Rights Code;
    4. defining harassment and specifying that it is prohibited;
    5. providing for an internal complaint process;
    6. confirming the right to file a complaint under the Human Rights Code if a person believes the Respondent has violated the Code; and
    7. prohibiting retaliation against a person who files a complaint, is named in a complaint, or assists with a complaint.
  2. The Respondent agrees to train its current and future employees regarding the terms of the human rights policy.
  3. In return, the Complainant agrees to file a Form 6 Notice of Withdrawal with the BC Human Rights Tribunal within two weeks of the Respondent providing the Complainant with a copy of the human rights policy and advising that it has been instituted.

Signed this  day of _____________, 20, in the city of:

 

>                                               

(Complainant)

 

                                               

(Respondent)

original to complainant
copy to respondent


AGREEMENT TO SETTLE SAMPLE #2

 

BETWEEN:

[insert Complainant’s name]

COMPLAINANT

AND:

[insert Respondent’s name]

RESPONDENT

 

Re: A complaint under the Human Rights Code, R.S.B.C. 1996, c. 210 (as amended); Case Number: ______

The undersigned parties agree as follows:

  1. The Respondent agrees to pay the Complainant the sum $ as general damages for injury to dignity, feelings and self-respect.
  2. The Respondent agrees to provide the complainant with a letter of apology as set out in appendix “A” to this agreement.
  3. In return, the Complainant agrees to:
    1. Withdraw his/her human rights complaint;
    2. Withdraw any other proceedings against the Respondent arising from the facts on which the complaint was based, and agrees not to commence any other proceedings against the Respondent related to the facts on which the complaint was based.
    3. File a Form 6 Notice of Withdrawal with the BC Human Rights Tribunal within  business days of completion of the terms set out in paragraphs 1 and 2.
  4. Settlement of this complaint is not an admission of liability by the Respondent.
  5. The parties agree that the terms of this agreement are confidential and will not be divulged to third parties, unless required by law. The parties agree that, if asked, they will only say that “the parties resolved the complaint”.

Signed this ________day of _____________, 20, in the city of:                                       

 

                                               

(Complainant)

 

                                               

(Respondent)

original to complainant
copy to respondent  

Appendix “A”

October 29, 2014

Complainant Name and Address

Dear :                                                

Re:                                                  v.                                         ; Case No.

I am writing regarding the above-noted complaint.

On August 15, 2014, you came to our store with two friends to shop for a gift. When you entered the store, one of our employees said that you could not bring your dog in. When you began to respond, the employee rudely responded “you heard me.” This was an error, because it was evident that you were with your guide dog and because any question about that should have been raised politely and discreetly. We understand that you felt embarrassed by our conduct and left the store with your friends to shop elsewhere.

We sincerely apologize for our conduct when you came to our store. We have met with all of our staff to reinforce the appropriate response when a person comes in with a guide dog. The employee in question has expressed their full understanding of their error and has told us they are sorry for their conduct and the impact on you. We will continue to make every effort to make sure that this does not occur again.

Yours truly,

                                               
Respondent Name


AGREEMENT TO SETTLE SAMPLE #3

 

BETWEEN:

[insert Complainant’s name]

COMPLAINANT

AND:

[insert Respondent’s name]

RESPONDENT

 

Re: A complaint under the Human Rights Code, R.S.B.C. 1996, c. 210 (as amended); Case Number: ______

The undersigned parties agree as follows:

  1. The Respondent agrees to pay the Complainant the sum $          as general damages for injury to dignity, feelings and self-respect.
  2. The Respondent agrees to pay the Complainant the sum $          , less applicable deductions, as compensation for loss of wages.
  3. The Respondent agrees to provide the Complainant with a letter confirming the Complainant’s position, dates of employment and wage.
  4. In return, the Complainant agrees to:
    1. Withdraw his/her human rights complaint;
    2. Withdraw any other proceedings against the Respondent arising from the facts on which the complaint was based, and agrees not to commence any other proceedings against the Respondent related to the facts on which the complaint was based.
    3. File a Notice of Withdrawal with the BC Human Rights Tribunal within  business days of completion of the terms set out in paragraphs 1 and 2.
  5. Settlement of this complaint is not an admission of liability by the Respondent.
  6. The parties agree that the terms of this agreement are confidential and will not be divulged to third parties, unless required by law. The parties agree that, if asked, they will only say that “the parties resolved the complaint”.

Signed this ________day of _____________, 20, in the city of  :

 

                                               

(Complainant)

 

                                               

(Respondent)

original to complainant
copy to respondent