British Columbia business compelled to shell out $10K to ex-employee due to termination based on his criminal background
A Kelowna-based software company, MotiveWave Software, has been ordered by the B.C. Human Rights Tribunal to pay a former employee, identified as Mr. T, $10,000 for discrimination based on his criminal record. The incident occurred in early 2020 when Mr. T was hired as a product support specialist, but was fired after one week on the job.
The tribunal found that Mr. T's criminal past was a factor in his termination, violating the B.C. Human Rights Code, which prohibits employment discrimination based on convictions unrelated to the job. Although the tribunal agreed the employee would have been fired regardless of his past convictions and denied lost wage claims, it found the criminal record was a factor in his termination and awarded compensation for injury to dignity, feelings, and self-respect.
Mr. T had a past conviction for robbery and obstruction of justice from several years before his hiring. During the bank robbery, he closed the bank's doors with zip ties, approached a teller, and forced the employee to hand over money. However, the tribunal emphasized that Mr. T's risk of reoffending was very low due to treatment for a mental illness that was involved in the original offence.
The tribunal ruling stressed that an employer must assess threats contextually, not solely based on past crimes. Co-founders of MotiveWave Software, Tony Lindsay and Leigh Carter, discovered Mr. T's convictions by Googling him after deciding to fire him, as they had not conducted a formal criminal record check. Mr. T admitted during his job interview that he lied about not having a criminal record.
The employers, Lindsay and Carter, were initially scared by what they read and perceived that Mr. T posed a safety threat to them and their children. One of the employers, Leigh Carter, found Mr. T's demeanor uncomfortable and described him as "aggressive" and intimidating. However, Mr. T denied having an argument with Carter and thought things were going well.
In response to being fired, Mr. T pleaded with Lindsay to find a solution, suggesting he could work remotely. However, Lindsay was resolute, and the employment could not continue. The decision was issued on June 13, 2025, and made public on July 23, 2025[1]. The ruling serves as a reminder to employers to carefully consider the context and individual circumstances before making decisions based on an applicant's criminal record.
[1] B.C. Human Rights Tribunal, Decision No. 2025-12 (June 13, 2025), available at https://www.bchrt.bc.ca/sites/default/files/2025-12.pdf.
- The tribunal ruling in the case of Mr. T, a former employee of MotiveWave Software, underscores the importance of employers considering the context and individual circumstances before basing decisions on an applicant's criminal record.
- Despite Mr. T's past conviction for robbery and obstruction of justice, the tribunal found that his risk of reoffending was very low due to treatment for a mental illness that was involved in the original offence.
- The health-and-wellness outcome of this case, with the tribunal awarding compensation for injury to dignity, feelings, and self-respect, highlights the significance of mental health considerations in employment discrimination matters.
