Employers who are faced with a frivolous or vexatious human
rights complaint by a former employee often feel that there is no
deterrent for employees in filing such complaints. The employee
does not have to retain legal counsel and thus avoids paying legal
fees. Additionally, human rights tribunals are typically reluctant,
or simply do not have the authority, to issue an award of legal
costs against an employee even when there is no merit to the
complaint.
Conversely, employees who require assistance in pursuing a human
rights complaint and incur legal costs in doing so, may not be able
to recover those costs. Such costs may exceed the actual damages
awarded.
In light of these realities, the ability for a human rights
tribunal to award costs is an issue that impacts the overal
effectiveness of human rights legislation. It can deter frivolous
complaints and provide for the recovery of legal fees in legitimate
complaints.
