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

Mount Moresby Adventure Camp aims to protect trails, ecosystems with expanded tenure

New tenure boundaries would also allow MMAC to rebuild lakeside dock for campers and general public

Court to rule on Husby injunction against protest at Collison Point

A B.C. Supreme Court judge will soon decide whether to grant an… Continue reading

Masset RCMP seek man wanted for assault

Masset police are seeking a man who faces two charges of assault.… Continue reading

Fishing Haida Gwaii: Watching for herring spawn on Haida Gwaii’s west coast

By Darrell Oike Haawa for all the fish caught this week. We… Continue reading

Lt.-Gov. Guichon believes she made the right decision

Outgoing Lt.-Gov Judith Guichon said her most memorable moments weren’t surrounding the election

How to keep local news visible in your Facebook feed

Facebook has changed the news feed to emphasize personal connections. You might see less news.

Time to let go for BC bears, otters, bobcat

Northern Lights Wildlife shelter near Smithers set to release orphaned animals this spring.

VIDEO: Smokers talk pot rules at annual 4-20 event

Annual pot protest-meets-festival in Vancouver attracted hundreds to vendors, concert

New funds, recruits set to alleviate B.C. sheriff shortage

The Government of British Columbia announced new sheriff graduates, funding for more classes

Video: RCMP investigation gets a deer little photobomb

Princeton RCMP were conducting a drug investigation in Princeton which a deer strolled through

Farnworth says five years too long for feds to deal with organized crime in medical pot

Needs to be dealt with much sooner than that, B.C. Public Safety Minister says

UPDATED: Unions, CP Rail come to agreement, avoiding work stoppage

Locomotive engineers, conductors and signals specialists seeking new collective agreements.

B.C. woman known to hitchhike around province missing

Aislynn Hanson, 18, last seen April 13; known to travel throughout B.C. by hitchhiking

Most Read