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City of vancouver retaliated against worker after he fileddiscrimination complaint: tribunal by wu chao





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City of vancouver retaliated against worker after he fileddiscrimination complaint: tribunal by
Article Posted: 08/31/2012
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Articles Written: 1099
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City of vancouver retaliated against worker after he fileddiscrimination complaint: tribunal


 
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VANCOUVER -- A B.C. Human Rights Tribunal has awarded a City ofVancouver employee $5,000 after finding the city retaliated againsthim after he filed a human rights complaint. In a recent decision, Tribunal member Enid Marion found that thecomplaint of racial discrimination made by Umesh Pathak was notproved. But she did find that Pathak's complaint of retaliation was provenagainst the City of Vancouver and a senior manager, Ray Stensrud.

Marion ordered the city to rescind the five-day work suspensionimposed on Pathak in 2008, to remove the letter of suspension fromPathak's employment file and to reimburse him for any salary orlost benefits as a result of his suspension. The tribunal member found the suspension "meted out to Mr.Pathak was, at least in part, in retaliation for his filing of thehuman rights complaint."' Dan Soiseth, Pathak's lawyer, said today that his client wasdisappointed with the decision on his racial discriminationcomplaint but was pleased his retaliation complaint was found to beproven. Pathak alleged in his complaint that he was passed over for apromotion to a management position in 2006 because of racialdiscrimination. The complainant, who was born in India and came to Canada in 1976,has been working for the City of Vancouver since 1999.

He had worked since 2004 as a full-time "residenceattendant" at the Old Continental, a residence operated by thecity, and attempted, unsuccessfully, to be promoted to a residentmanager for more than 10 years. Over the years, Pathak has worked at other residences as an RA -Oppenheimer Lodge, Granville Residence, the New Continental andRoddan Lodge - and had worked as a temporary resident manager atvarious times. At the time, Stensrud was the Director of Non-Market Operations,responsible for the operation of up to 10 residential facilitieslocated between the downtown Eastside and downtown South, whichhouse about 820 people. "Apart from some initial positive comments about Mr.

Pathak,Mr. Stensrud demonstrated tangible animosity and disrespect towardsMr. Pathak at many points in his evidence," the tribunalmember said about Stensrud's testimony. Stensrud retired in April 2010, before the tribunal heard Pathak'scomplaints.

Wendy Stewart, assistant director of corporate communications forthe City of Vancouver, said the city will thoroughly review thetribunal's decision before deciding whether to appeal. "The city is committed to a workplace that embraces diversity,is free of discrimination and embraces human resources excellenceand improvement," she said. The full tribunal decision is online: bit.ly/JXI0vE nhall@vancouversun.com.

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