Our client filed a discrimination complaint with the BC Human Rights Tribunal against his former employer and union. The employer subsequently asserted that the matter fell within federal jurisdiction and should be heard by the Canadian Human Rights Commission. Out of an abundance of caution, we did not withdraw our client’s provincial complaint until the Commission accepted jurisdiction of the complaint. In response, the employer applied to the Tribunal for costs against our client, alleging improper conduct.
We successfully argued for a dismissal of the employer’s cost application. Finding in our client’s favour, the provincial Tribunal held that the steps taken were done in good faith to safeguard our client’s interests and did not warrant costs.
