CAN (BC): Human rights complaint against cucumber greenhouse operation

A former cucumber picker of a Surrey greenhouse has filed a human rights complaint. According to the woman, the employer discriminated against her during the course of her employment on the grounds of sex and marital status. The company denies discriminating and applies to dismiss the complaint, but the Human Rights Tribunal decided to proceed.

Amongst other complaints the woman spoke of harassment on the basis of
marital status. She claims her supervisor suggested her safety concerns were less important because she was a single, divorced woman. She also claims she was referred to as a “bitch”, and was subject to derogatory comments about her status as a single, divorced female, and suffered stress and other mental health issues as a result.

In response the company states while the alleged use of the term “bitch” against the former employee may have been offensive and in bad taste, it does not necessarily constitute discrimination on the basis of sex absent sufficient particulars.

Her claims have not been proven at any hearing. A member of the BC Human Rights Tribunal decided to proceed the complaint. "I also cannot infer improper motives or bad faith from Ms. Mattu’s reliance on new allegations in her response submissions to the application to dismiss. I have insufficient evidence on this issue. The question of bad faith or improper motive must be judged by an objective standard, since it will seldom be possible to know the mind of the complainant. Since the Tribunal does not investigate complaints, the parties must provide the Tribunal with sufficient information before it can make such a finding", can be read in the BCHRT motivation to proceed with the complaint, followed by the encouragement for the parties to take advantage of the Tribunal’s mediation services to try to resolve this matter by mutual agreement.