On December 4, 2013, the Human Rights Tribunal of Ontario rendered a decision awarding a large sum in damages, continuing the trend that has been seen in 2013. In
Islam v. Big Inc., 2013 HRTO 2009 (CanLII) three employees approached the Human Rights Tribunal separately in early 2011 after their employment ended (two men were fired, while the third quit). Each claimed that the owners of Toronto restaurant Papillon on the Park, discriminated against them on racial and religious grounds.
The three applicants are immigrants from Bangladesh, who speak Bengali, and practice the Muslim faith. The three were employed as Head Chef, sous chef, and cook. They worked in the kitchen of the restaurant, which was open and could be seen by patrons. The Tribunal accepted evidence from the Applicants that they would sometimes speak Bengali in the kitchen to make sure orders were properly communicated. At various times, all three alleged that the owners, mocked them for speaking in their native Bangali tongue, introduced an “English in the Kitchen” rule, and threatened to close the restaurant if necessary, just to replace them with white employees.
Two of the three Applicants complained that they were forced to taste pork, which is forbidden by their adherence to the Muslim religion. Further, they also complained that they owners required them to taste food during Ramadan, when they were fasting, or face the possible consequence of being fired. One Applicant stated that when he refused to taste a tortiere because he was fasting during Ramadan, one of the owners responded by saying “you guys are crazy”, referring to their religious practices. The Tribunal accepted the Applicants’ evidence and found that the employer did engage in these discriminatory and harassing practices.
The Tribunal further found that the Applicants did make complaints internally to their employer, but that their complaints were summarily dismissed without any investigation or serious consideration, and that the employer engaged in further discriminatory conduct as a result of the Applicants attempting to enforce their rights under the Code.
In total, the Tribunal ordered the employer to pay nearly $28,000 to the three employees for lost wages, plus interest thereon. The Board also ordered the employer to pay damages to compensate for the violation of each Applicant’s inherent right to be free from discrimination, for injury to their dignity, feelings and self-respect, including the continuing stress caused by failure to investigate the complaints of discrimination. The amounts of those damages for the three Applicants were $37,000, $22,000, and $12,000.
The amount of damages ordered in this matter is certainly large, but it is well within the expected range given that there were three individual Applicants, and the nature of the discrimination and harassment was particularly offensive. The lawyers at CCPartners can help you understand your employees’ rights and your obligations under the
Human Rights Code to help keep your company on the right side of the law.
For more information visit
www.ccpartners.ca.
