Terminated Over a Criminal Record? BC Human Rights Tribunal Orders Employer to Pay
In a recent decision, the British Columbia Human Rights Tribunal ordered a software company to pay $10,000 to a former employee it dismissed just one week into his job after learning about his past criminal convictions. The case highlights the importance of handling criminal records carefully, particularly when offences are not directly related to the job.
Although this decision originated in British Columbia, the principles involved are equally applicable to employers across Ontario. It highlights the legal risks of terminating employment based on a criminal record and reinforces the need for fair, non-discriminatory hiring and firing practices.
What Happened?
The employee had been hired for a remote role with a tech company. During the hiring process, he did not disclose that he had a criminal record. Shortly after he began working, the employer conducted an online search and found media articles about his past convictions for robbery and obstruction of justice. The employer confronted him with the information, and he admitted that he had previously denied having a record.
Days later, the company terminated his employment, citing reputational concerns and lack of trust. The employee filed a human rights complaint, arguing that his record should not have been a factor in the dismissal. The employer argued that the convictions were relevant to job duties and workplace safety.
The Tribunal disagreed.
Tribunal’s Findings: Discrimination Occurred
The Tribunal found that the employee’s criminal record fell under the protected ground of “conviction for an offence that is unrelated to employment” in B.C. Human Rights Code.
Key points in the decision:
- The offences (robbery and obstruction) were not connected to the employee’s remote, tech-based role.
- The employer presented no evidence showing safety or performance risks.
- Importantly, discrimination does not need to be the sole reason for termination. If it is a contributing factor, the Code is engaged.
Here, the Tribunal found the employee likely would have been dismissed anyway, so it denied wage loss damages. However, because the convictions were still a factor in the termination, the Tribunal awarded $10,000 for injury to dignity, feelings, and self-respect.
The Tribunal also emphasized that the burden lies with the employer to prove that its decision was not discriminatory.
As Christopher Achkar, employment lawyer and founder of Achkar Law, explains:
“Employers must ensure that hiring and firing decisions are based on legitimate business concerns, not assumptions or stigma. Human rights law requires a careful, fair approach, especially when criminal records are involved.”
What Ontario Employers Should Learn
Although Ontario’s Human Rights Code uses different wording than B.C.’s, similar risks apply. In Ontario, “record of offences” generally refers to provincial offences or criminal convictions that have been pardoned or suspended. Still, employers must be cautious: terminations linked to criminal records can give rise to human rights complaints or wrongful dismissal claims if the decision appears arbitrary or discriminatory.
Key Takeaways:
- Job relevance matters: Do not assume a conviction justifies termination. There must be a clear, rational connection between the record and job duties.
- Disclosure is complex: An employee’s voluntary or forced disclosure does not automatically give an employer grounds to act.
- Burden of proof: Employers carry the responsibility of proving that their decision was unrelated to discriminatory grounds.
- Policies are essential: Employers should have consistent, written policies on background checks and records of offences.
What Employers Can Do to Stay Compliant
Ontario employers should proactively review how they handle criminal records in both hiring and employment decisions.
Best practices include:
- Avoid blanket policies excluding candidates with any criminal history.
- Carefully assess whether the offence is relevant to the specific job.
- Document objective, job-related reasoning behind any decision.
- Seek legal advice before acting on information about an employee’s criminal record.
How Achkar Law Can Help
At Achkar Law, we help employers manage human rights compliance throughout the hiring and termination process. Our services include:
- Reviewing and drafting criminal record and background check policies
- Providing training to managers on compliant practices
- Defending employers against human rights claims
- Offering strategic advice on termination decisions
- Ensuring compliance with the Human Rights Code
Contact Achkar Law
If you’re an employer facing a human rights application or want to update your internal processes in light of the new rules, contact Achkar Law today.
Call toll-free: 1-800-771-7882 | Email: [email protected]
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Achkar Law Professional Corporation and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Achkar Law Professional Corporation. ©