Human rights hearing proceeds: Waiter argues his French culture behind firing

Guillaume Rey began working for Cara Operations at one of its Milestones restaurants in Vancouver

A waiter in B.C. who is disputing his firing argues his French culture led to his dismissal.

Guillaume Rey appealed to the B.C. Human Rights Tribunal, which has rejected the restaurant’s request that the matter be thrown out, instead sending the case to a full hearing.

The tribunal says Rey should have the chance to explain why his French culture could be misinterpreted as violating the restaurant’s workplace respect policy.

Rey began working for Cara Operations at one of its Milestones restaurants in Vancouver in 2015, and performance appraisals show he “received great feedback from guests,” but was also warned about a tendency to be “combative and aggressive.”

The tribunal ruling says management approached Rey several times about his attitude toward co-workers, but Rey alleges senior staff told him more than once that his culture might cause other staff to view him as aggressive — comments that were denied by the general manager of Milestones.

Rey was fired in August 2017 after he admonished a more junior waiter in a manner the restaurant manager describes as “aggressive,” but which Rey says was “very professional.”

In a ruling dated March 7, tribunal member Devyn Cousineau says both sides agree Rey’s behaviour at work led to his termination, but almost everything else is in dispute.

The restaurant says Rey’s ”aggressive tone and nature with others” violated

Milestones’ respect-in-the-workplace policy.

Rey says he was fired for his “direct, honest and professional personality,” and “high standards learned in the French hospitality industry.”

Details provided by both sides are too sparse to determine what behaviour Rey engaged in or “whether the restaurant’s management and staff unfairly judged (his) behaviour through the lens of a stereotype,” Cousineau writes.

He mentions comments allegedly made by the general manager that could prove Rey’s culture was held against him, but also says Milestones is entitled to enforce a workplace respect policy and terminate anyone who falls below set standards.

“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,” Cousineau says.

He has ordered a full hearing, but adds: “This decision is no prediction of its likelihood of success.”

The Canadian Press

Like us on Facebook and follow us on Twitter.

Just Posted

Telkwa holds the line on mill rates

Telkwa taxes to remain steady, but water and sewer rates are going up

Houston woman gets two years for aggravated assault

Ewald pleads guilty; trial of co-accused Calvin Dyrland begins in Smithers court

Multi-family housing zoning passed

The way is partly paved for 11 new multi-family strata buildings to go up in Smithers

Residents shocked at Soldiers of Odin posters

Southside man claimed to be part of cell phone drive for Northern Society for Domestic Peace.

Two Smithers bowlers go to nationals

Madison Richter and Peyton Pettigrew are heading to Oshawa after winning gold at B.C. provincials.

Mueller finds no Trump collusion, leaves obstruction open

But while Mueller fully ruled out criminal collusion, he was more circumspect on presidential obstruction of justice

Edmonton judge rules Omar Khadr’s sentence has expired

Eight-year sentence imposed in 2010 would have ended last October had Khadr remained in custody

Woman wants Tofino to get a nude beach

“They may enjoy a surf and then walk around naked and just be free.”

Ice climbers scale Canada’s tallest waterfall on Vancouver Island

Ice climbers Chris Jensen, Will Gadd and Peter Hoang made history

New Coast Guard ship crashes into breakwater in Victoria

‘It is fairly unprecedented that it would happen’

Sparks fly as SUV speeds wrong way down Highway 1 trying to flee RCMP

Captured on video, the vehicle headed westbound against oncoming traffic before crashing

Fundraising campaign launched for man caught in SilverStar avalanche

In only two days, the GoFundMe surpassed its $15,000 goal

B.C. doctor fined $5,000 for accessing records of woman pregnant with his child

Doctor admits to accessing records of the woman carrying his child

Video service to compete with Netflix, Amazon expected from Apple on Monday

The iPhone has long been Apple’s marquee product and main money maker, but sales are starting to decline

Most Read