Employee and manager in conflict over dismissal

The staff alleges that he was discriminated for his background when the company terminated him for “aggressive behaviour”

Employee and manager in conflict over dismissal

A Canadian waiter has filed a complaint with British Columbia’s Human Rights Tribunal after he was terminated from his role for “aggressive behaviour”.

However, Guillaume Rey alleges that his dismissal was a case of discrimination against his French culture, which he argues tended to be "more direct and expressive".

His former employer, a Vancouver-based restaurant owned by Cara Operations, claims Rey’s behaviour violated their “Respect in the Workplace policy” and so was dismissed.

Rey alleges that, “on more than one occasion”, his general manager and another manager had casually commented to him that “it might be because of my culture that other staff members think I am being aggressive”.

Rey also claims that he carried out his duties with an "honest and professional personality" and garnered “great feedback from guests".

The alleged incident which caused Rey to lose his job concerned an altercation with a fellow server. Whilst Rey denies acting in an “aggressive or bullying manner”, the restaurant manager claims the fellow server came into her office “borderline in tears”.

BC’s Tribunal have granted Rey a hearing, despite the restaurant attempting to have the complaint thrown out.

“At a hearing, Mr. Rey will have to lead evidence about what exactly the stereotype is with respect to people from France,” commented Tribunal member Devyn Cousineau.

“In that regard, a Tribunal Member will be unlikely to accept, without evidence, that French people are perceived as aggressive in Canadian workplaces.

“Mr. Rey will have to explain what it is about his French heritage that would result in behaviour that people misinterpret as a violation of workplace standards of acceptable conduct.”

 
 
 
 

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