Overview

Alternative Dispute Resolution

Settlement Examples

Area: Employment
Area: Provision of Services

Employment

Ground(s): Race, national or ethnic origin
Area: Employment
Allegation:
The complainant, who is white, was employed at a social service agency operated by a First Nation. She alleged that she was subjected to harassment and harsh treatment because she is not Aboriginal. She found the situation so stressful that she eventually resigned.
Settlement:
Financial compensation for general damages.

Ground(s): Religion
Area: Employment
Allegation:
The complainant is a Jehovah’s Witness. She alleged that the respondent discriminated against her by refusing to hire her. She stated that she was successful in the screening process and interviews. She alleged, however, that questions were asked about her religion during the reference check. Subsequently, the respondent told her that her work history indicated she was not a suitable candidate.
Settlement:
Financial compensation for pain and suffering.
Costs of retraining.
Review of the background check process to ensure sensitivity to the prohibited grounds of discrimination.
Letter of reference.

Ground(s): Race, colour
Area: Employment
Allegation:
The complainant worked for his employer through a personnel agency. He alleged that he was not hired on a permanent basis when the company began staffing positions, while others with less service were hired. He believed he was treated this way because he is black.
Settlement:
Financial compensation for pain and suffering.
Agreement that the complainant will not return to work for the employer.

Ground(s): Colour, national or ethnic origin, sex, age
Area: Employment
Allegation:
The complainant had a contract with the respondent to find and refer professional employees. She alleged that the company denied jobs to people because of their sex, colour, age, and national or ethnic origin.
Settlement:
Financial compensation for general damages.
Distribution of a written reminder to management of its obligations under the Canadian Human Rights Act .

Ground(s): Religion
Area: Employment
Allegation:
The complainant cannot work on Sundays because of her religious beliefs. She alleged that, because of this, her supervisor required her to work every Saturday. Eventually, her employment was terminated.
Settlement:
Financial compensation for general damages.
Letter of regret.

Ground(s): Race, colour, national or ethnic origin, disability
Area: Employment
Allegation:
The complainant, who is of Chinese origin, alleged that her manager treated her harshly and unfairly. She began to suffer from depression and took short-term medical leave. When she returned to work, she applied for a transfer to a different unit, but her request was denied. In addition, she was told to resume work full time as soon as possible, despite her doctor’s recommendation that she work part time until her health improved. The complainant eventually resigned.
Settlement:
The matter was resolved between the parties and the terms were not disclosed.
Ground(s): Race, national or ethnic origin
Area: Employment
Allegation:
The complainant, a term employee, is originally from Africa. She alleged that her employer treated her more harshly than the other employees and made her work harder. Other term employees were given permanent jobs ahead of her. In the end, she decided to resign.
Settlement:
Termination allowance.
Letter of reference.

Ground: Race, colour, national or ethnic origin
Area: Employment
Allegation:
The complainant, who is not Aboriginal, alleged that she was paid less than her Aboriginal colleagues and was not provided with similar benefits.
Settlement:
Three-year contract without competition and with full benefits.
Retroactive pay for an agreed-upon period.
Revision of the respondent’s preferential hiring policy to include the hiring of non-Aboriginal employees on contract with the same benefits as permanent staff.

Ground(s): Race, colour, national or ethnic origin
Area: Employment
Allegation:
The complainant, who is Métis, was employed by a provincially regulated company as a driver. The company contracted the complainant’s services to a federal government department. The complainant filed three complaints: one against his employer, one against the federal government department and one against his supervisor. He alleged that he was disciplined more harshly than others following a vehicle accident, which led to the suspension of his authorization to drive and the termination of his employment.
Settlement:
Financial compensation for medical expenses.
Re-assignment.
Publication of an article on the Métis Association.

Ground(s): Race, colour, national or ethnic origin, religion, sex
Area: Employment
Allegation:
The complainant, a black woman, alleged that her supervisor harassed her by making unwelcome comments and jokes. She alleged that her employer did nothing to address the problem, and that it eventually terminated her employment.
Settlement:
Financial compensation for lost wages and severance.
Letter of regret.

Ground(s): Religion
Area: Employment
Allegation:
The complainant, a Muslim woman, alleged that she was subjected to harassment, differential treatment and the termination of her employment because of her religion.
Settlement:
Financial compensation for general damages.

Ground(s): Religion, sex
Area: Employment
Allegation:
The complainant alleged that she was discriminated against and harassed by a co-worker because of her sex and Pentecostal religion . She alleged that the co-worker made derogatory remarks about her religion and sexually harassed her. She said that she reported the harassment to her supervisor, but the latter refused to speak to the co-worker. The complainant subsequently resigned.
Settlement:
Withdrawal of the complaint.

Ground(s): Race, national or ethnic origin
Area: Employment
Allegation:
The complainant worked for a First Nation as a term employee. She alleged that her employer denied her benefits, refused to hire her as a permanent employee and paid her less than other staff members because she is not Aboriginal.
Settlement:
Performance evaluation and a subsequent raise in pay.
Acknowledgment by the complainant that the respondent has a preferential hiring policy and that only Aboriginal employees are given full-time jobs.

Ground(s): Race, national or ethnic origin
Area: Employment
Allegation:
The complainant, an immigrant from Tunisia, alleged that the respondent had denied him a trainee position despite the fact that he had been selected and passed the tests. The respondent stated that there were only two trainee positions and the complainant had come third.
Settlement:
General damages.

Ground(s): Colour, national or ethnic origin, family status
Area: Employment
Allegation:
The complainant worked for a First Nation as a child-care worker. She alleged that her employer discriminated against her because she is not Aboriginal, and because she is separated from her Aboriginal husband, also an employee. The employer was aware that her husband harassed her at work but did not intervene. Eventually the employer dismissed the complainant.
Settlement:
Withdrawal of the complaint.

Ground(s): Marital status, colour
Area: Employment
Allegation:
The complainant alleged that his employer refused to transfer him to another city because he is black and in a common-law relationship with another employee who is white. He was told that there was no position available in the other city for his spouse, although other recent hires were transferred there.
Settlement:
Letter of regret.
Postings for the complainant and his spouse.
Withdrawal of a related grievance.

Provision of Services

Ground(s): Race, colour, national or ethnic origin
Area: Provision of services
Allegation:
The complainant, who is French-Congolese, filed two complaints: one against her employer and the other against her supervisor. She alleged that she was harassed by her supervisor, that she was unfairly evaluated, that her work was the target of closer scrutiny and that her employment contract was terminated prematurely.
Settlement for both complaints:
Letter of regret.
Financial compensation for pain and suffering.

Ground(s): Race, colour, national or ethnic origin
Area: Provision of services
Allegation:
The complainant, who is black, alleged that his request to transfer his RRSP from one financial institution to another was denied.
Settlement:
Letter of regret.
Financial compensation for pain and suffering.

Ground(s): Race, colour, national or ethnic origin
Area: Provision of services
Allegation:
The complainant, who is Aboriginal, alleged that he was detained by security guards. He said he was singled out because of his race and treated more harshly than non-Aboriginal people. When he complained to supervisory staff, they refused to intervene.
Settlement:
Statement recognizing the importance of customer service.
Reminder to the employees involved of the importance of customer service.