BC Human Rights Tribunal: A win against discriminatory termination

Zoe Arghandewal was counsel for the Complainant alleging one of the reasons her employer terminated her was because she had a physical disability. The Tribunal agreed with the Complainant and ordered the employer to pay compensation for wage loss, injury to dignity award, and pre-and-post judgment interest on those amounts.

Notably, the complainant had signed a release of claims at termination and the Tribunal had to decide whether that release barred her discrimination complaint. The Tribunal concluded it did not bar her because: parties cannot contract out of Human Rights legislation unless they settle, and the employer never brought it to her attention that there were legal consequences to the paperwork she was signing at the termination meeting. The Tribunal decided this was unfair to the Complainant.

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