BC Human Rights Tribunal Awards Costs Against Complainant

Employers are often frustrated by the fact that the BC Human Rights Tribunal rarely awards costs, even when an employee or former employee brings a frivolous complaint.

In Edwards v. Schnitzer Steel Pacific, the Tribunal accepted the employer's submissions that the complainant should pay costs for resiling from a settlement agreement.

Edwards agreed to settle his complaint in a tribunal-assisted mediation at which he was represented by counsel. The next day, he changed his mind.  He refused to withdraw his complaint as agreed, and tried to proceed to a hearing. The employer applied to dismiss the complaint on the basis that a settlement had been reached, and also asked for costs. In response, Edwards claimed duress, that his lawyer was unprepared for the mediation, and that he misunderstood the settlement. He also leveled unsupported allegations of criminal conduct, bad faith, forgery and fraud against the employer, and asked for costs against the Employer.