WorkSafeBC has dismissed an employee’s complaint about his dismissal for reporting his working conditions.
British Columbia Human Rights Tribunal to Hear Complaint from Jewish Woman Who Says She Was Insulted by Nazis, Fiddled with Another Worker and Called a “Geriatric Bitch” While Working at a McDonald’s of Kamloops.
WorkSafeBC had previously dismissed a dismissal complaint from the woman, a move which noted some of the Nazi issues.
Jennifer Warner made several allegations against the company, including:
â¢ two male colleagues subjected her to Nazi salutes and marches, while chanting âHeil Hitlerâ;
â¢ receive sympathetic âunsolicited history lessonsâ towards the Nazis of WWII;
â¢ a worker telling him that a few slices of cheese looked like âthe Star of Davidâ;
â¢ sexual harassment in 2016 until dismissal in 2018;
â¢ continued unwanted sexual acts, comments and trial and error by a male worker;
Â· Insults on ancestry, religion and age with certain assaults, and;
â¢ being called a âprudish, sucking and geriatric bitchâ.
“Ms. Warner alleges that her various complaints to management went unanswered or were not handled properly, and that in the end she was the target of dismissal after filing a complaint,” he said. Tribunal member Steven Adamson said on August 4 in moving the complaint to a hearing.
The restaurant, operated by Dawnal Quick Serve Ltd., argued that the complaint should be dismissed due to lack of detail and ambiguity.
Warner’s complaint to the court was his second to a government agency with the allegations. First, she filed a complaint for being wrongfully dismissed.
In March 2019, Warner filed a prohibited action complaint with WorkSafeBC. His request was rejected in February 2020 and the Workers’ Compensation Appeal Tribunal upheld this decision on April 9, 2021.
The appeals tribunal found that the company’s firing of Warner was not a retaliatory measure for its complaints about Nazi slurs and sexual comments.
This decision stated that âthe worker described incidents that occurred in 2016 when she was called a ‘Nazi’ and greeted at the site with a Hitler salute. The worker told council that her previous emails to head office included her supervisor stating that she was “a Nazi about the cleanup”.
The company, however, said it was fired for contacting the company’s head office with complaints about administration and food safety.
A company human resources manager reported that the employee was fired without cause, bypassed local managers and filed complaints with head office. The company told WorkSafeBC that the harassment complaints had been investigated.
“The employer argued that many of the health and safety issues the worker recently raised were equally unfounded and were a direct result of the worker’s poor performance,” said Shelina Shivj, member of the appeals tribunal. , in a decision of April 9, 2021.
An investigation by WorkSafeBC revealed that there had been an ongoing breakdown in the employee-employer relationship.
“I conclude that the worker’s dismissal was more likely the result of growing frustration on the part of the employer with the worker’s reactions to what was happening in the workplace and her continuing relationships undermining employer performance at head office, âShivj said.
McDonald’s Canada was not immediately available for comment.