This information sheet tells you:
The Tribunal’s Rules sets a time limit to apply to dismiss a complaint.
Two rules apply if the respondent relies on a settlement offer.
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 three things:
Note: Usually respondents keep the offer open for one or two weeks after the Tribunal decides the application.
Section 3 of the Human Rights Code sets out the purposes. The purposes include:
A respondent does not need to admit fault.
The offer must be based on the complainant winning at a hearing.
The Tribunal will consider:
Example: Training or a policy to avoid a similar situation.
The offer should include an amount for injury to dignity.
If the complainant claims wage loss, does the offer deal with that?
“The respondent made a reasonable settlement offer. I attach the offer (affidavit, exhibit 1).
I rely on Grant v. FortisBC and others, 2009 BCHRT 336.
The offer says it is “with prejudice”.
The respondent does not admit discriminating. But, the offer assumes the complainant will prove her complaint. The offer is reasonable:
- The offer includes $X for injury to dignity. This amount is in the range of similar cases such as: [list].
- The offer includes $X for wage loss. The complainant asked for this amount.
- The offer includes a new human rights policy. The complainant asked for this.
The offer is open for the complaint to accept until one month after the Tribunal dismisses the complaint.
The offer is about what the Tribunal would order if the complainant won her case. The offer meets the purposes of the Human Rights Code.”