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

Ferry connecting Port Hardy and Bella Coola expected to set sail this summer

Its first in-service route will sail in central coast waters on May 18, 2019.

BC Parks Student Ranger Program accepting applications for 2019 season

12 crews of four student rangers will work in regions throughout the province including Bella Coola.

Over $650,00 given to rural communities thanks to Rural Dividends

Five communities, including Williams Lake, are receiving $10,000 for project grants

Pregnant Cariboo firefighter tries to save own house from blaze

Julia Flinton and Anthony Sellars both worked on the 2017 wildfires

Road report for Highway 20

Fog patches and slippery sections; Drive BC

REPLAY: B.C’s best videos this week

In case you missed it, here’s a look at the replay-worth highlights from this week across the province

World economy forecast to slow in 2019 amid trade tensions

For Canada, the IMF’s estimate for growth in 2019 was 1.9 per cent, down from expected global growth of 3.5 per cent

2-for-1: Total lunar eclipse comes with supermoon bonus

On Sunday night, the moon, Earth and sun lined up to create the eclipse, which was visible throughout North and South America

‘Gotti’ leads Razzie nominations, Trump up for worst actor

The nominations were announced on Monday, Jan. 21 with some movies earning up to six nominations

Patriots make 3rd straight Super Bowl, beat Chiefs 37-31 in OT

New England will meet L.A. Rams in NFL title game

Pettersson returns to lead Canucks to 3-2 win over Red Wings

Vancouver’s super rookie has 2 points in first game back after knee injury

Skaters stranded in Saint John, NB, amid storm on last day of championships

More than half of the flights out of the city’s airport were cancelled due to the weather

Call for tighter bail rules after Saudi sex-crime suspect vanishes

Mohammed Zuraibi Alzoabi was facing charges related to alleged sexual assault, criminal harassment, assault and forcible confinement of a woman

12 poisoned eagles found on Vancouver Island

Improper disposal of euthanized animal suspected

Most Read