ARTICLE · 22 AUGUST 2019

Could A Gift Card Compensate For A Minor Human Rights Tribunal complaint?

Devry Smith Frank LLP

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A recent British Columbia Human Rights Tribunal decision has struck down a human rights complaint by a supermarket customer on the grounds that she was already compensated by the store for her complaint.

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Marty Rabinovitch

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A recent British Columbia Human Rights Tribunal decision has struck down a human rights complaint by a supermarket customer on the grounds that she was already compensated by the store for her complaint. But what compensation was considered enough?

In Duke v Sobeys, 2018 BCHRT 283, the complainant went grocery shopping at a Sobey's in British Columbia. While shopping, the complainant stated she was approached by an employee who told her inappropriate sex jokes. The employee admitted to his behaviour. Ms. Duke then requested a $250 gift card and an apology, both of which Sobeys provided. After the fact, Ms. Duke filed a complaint with the British Columbia Human Rights Tribunal.

The Human Rights Tribunal concluded that the gift card and the apology were sufficient compensation in the circumstances. The Tribunal found that Sobey's promptly responded to the complaint, immediately investigated it and addressed it appropriately.

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