Setting The Standard: Recent Case Offers Guidance For Workplace Investigations

More often than not, we see civil court cases and human rights tribunal decisions that highlight poorly conducted workplace investigations and essentially offer a checklist of what employers should not do. However, in the recent case of Salanguit v. Parq Vancouver and another, 2024 BCHRT 119¹ ("Parq"), the BC Human Rights Tribunal ("Tribunal") has provided employers with welcome guidance on how to handle a discrimination complaint and what an effective and reasonable workplace investigation looks like.

BACKGROUND

In Parq, the complainant filed a discrimination complaint against her employer, Parq Casino Vancouver, as well as the employee that had allegedly discriminated against her. The complainant complained that during work a colleague who reported to her had mocked and mimicked her speech impediment. The complainant considered this bullying and consequently reported the incident to her employer. In response, her employer investigated the incident over a