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

Four people sent to hospital in crash near Qualicum Beach

Fire crews worked alongside paramedics: Dashwood fire dept.

Sisters share exhibit in Qualicum Beach

From gnomes and fairytales to trees and texture, but plenty of connections between pair

Parksville council disagrees over parkland, payment

Developer planned to provide 0.5 ha. of land

Rodeo returns to Coombs for fourth year

Events include saddle, bareback riding and barrel racing

Model trains, historical exhibits offered at Parksville museum’s Railway Days

The family-friendly event takes place on Aug. 17 and 18 and is by donation

VIDEO: Jazz greats sound off in Parksville

Concert featured Phil Dwyer music academy faculty

Two hurt in car wreck on old Island Highway

Honda and Volkswagen crash at 10 p.m. Friday at highway intersection in Nanaimo

Authorities mull evacuation order for Zeballos

Smoke billowed from the steep hillsides of Zeballos on Friday evening, as… Continue reading

Safeway union urges prejection of mediator recommendations

Says mediator asks for too many concessions

Fire chases B.C. crews out of their own camp

Crews in Burns Lake had to leave after a wildfire reportedly overtook their sleeping quarters

To address peacock problem, B.C. city moves ahead on trapping plan

Surrey’s new bylaw focuses on ensuring people no longer feed the birds, ahead of relocation

Hospitals to see ‘delays’ in care after losing Saudi students, health group says

About 1,000 Saudi residents called back to kingdom after suspending diplomatic relations with Canada

Bernier diatribe against ‘extreme multiculturalism’ boosts Liberal coffers

Party spokesperson Braeden Caley says online donations doubled, social media engagement quadrupled

‘Disjointed’ system hinders British Columbia First Nations in wildfire fight

More than 550 wildfires were burning in B.C. and crews were bracing for wind and dry lightning

Most Read