Faghihi v. Black Swan Pub and Grill, 2016 HRTO 1109
The HRLSC represented Mr. Faghihi, a sous chef at the Black Swan restaurant in Burlington. He immediately notified the owner when his colleague told him to “go back to your country” followed by a racist slur. Mr. Faghihi was fired after raising the discrimination and telling the owner he would do something about it.
The Tribunal found that:
- the owner did not conduct a proper investigation, “was not neutral in her investigation” (she testified Faghihi’s colleague was “loveable” and “liked by everyone”) and “would not agree or acknowledge, during the hearing, that his comment was discriminatory.”
The Tribunal ordered:
- $18,000 in general damages as compensation for the discrimination;
- $535.17 in lost wages;
- the restaurant to develop a harassment and discrimination policy and complaints mechanism; and
- human rights training.
To read the full decision, visit Canlii