Constructive dismissal claim fails despite employee claims of discrimination
A BC employee who raised concerns about a COVID conspiracy video in his workplace group chat resigned citing racial discrimination.
But in a Feb. 11, 2026, decision, the British Columbia Human Rights Tribunal found the former executive director of the Northern BC Graduate Students' Society had no reasonable prospect of proving race, ancestry, or mental disability were factors in any adverse treatment.
“On the evidence before me, there is no reasonable prospect that at a hearing, the Tribunal could find that Mr. Chow was constructively dismissed,” said tribunal member Ijeamaka Anika.
Conspiracy video on COVID
In November 2020, board member “Ms. M” posted a video titled "The COVID-19 Genocide of 2020" to a Facebook group chat with the executive director and the board. The 20-minute recording contained conspiracy theories referencing China and Maoism. The executive director, of Chinese descent, characterized it as "clearly stating that Chinese people are attempting to impose a technocracy and totalitarian model to commit genocide."
Anika noted that documented anti-Asian sentiment in British Columbia during this period.
At a September 2021 board meeting, Ms. M questioned the official COVID-19 death toll, called public health orders civil liberties issues, and argued vaccines were ineffective. Anika found the video focused on the World Economic Forum and Western leaders, with China not among alleged perpetrators and no evidence connecting either incident to the executive director’s race.
Separately, he alleged Ms. M racially profiled him when she confirmed his identity based on a student's physical description of someone who had been curt. Anika dismissed this, noting the executive director was the Society's only employee and Ms. M simply confirmed his identity.
‘Exceeds expectations,’ wage hike
In July 2020, the executive director requested a raise from $19 to $26 per hour and terms guaranteeing a harassment- and discrimination-free workplace, which the board rejected. By March 2021, it offered a revised draft with increases to $19.76 retroactively and $22.23 prospectively, including a "Harassment" section with a "no discrimination clause" based on the Human Rights Code.
The board also completed a performance review rating the executive director "exceeds expectations" overall, though he challenged three areas flagged for improvement as unfair.
The board drafted a bullying and harassment policy in late 2021 with his input. It was never implemented. Anika determined the failure "appears connected to broader workplace issues and the contract negotiation impasse, rather than [the director’s] protected characteristics."
In October 2023, the board passed a motion increasing his wage to $23.11. He resigned effective Oct. 31.
No evidence of discrimination
In an email to the Society, the executive director stated: "I am resigning due to the discrimination I have endured that started three years ago, as well as how current [Society] Board members have responded. I have continued to work at the [Society] at the expense of my health and safety." He argued the cumulative treatment amounted to constructive dismissal.
Anika recognized that "an employer's failure to respond reasonably and appropriately to allegations of discrimination may, itself, amount to a breach of the Code, even if the underlying conduct complained about is found not to be discrimination." She determined the Society was reasonably certain to prove it addressed his concerns, noting the chair spoke to Ms. M and "she did not make any further comments or posts of the sort [the executive director] complains [about]."
Anika concluded: "I do not doubt that the workplace issues [he] experienced were difficult for him or that he sincerely believed that he was the victim of discrimination. Though that may have been his genuine perception, it is not one that goes beyond conjecture based on the information and evidence before me on this application."
The complaint, including the constructive dismissal claim, was dismissed.
