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A South Cariboo resort owner at the center of a BC human rights discrimination complaint has had his application for judicial review of the decision dismissed by a BC Supreme Court judge. British.
The ruling, released last week in Kamloops, upheld the 2018 British Columbia Human Rights Tribunal ruling which determined that Kin Wa Chan, owner of Spruce Hills Resort, should pay seven alumni $ 173,000. employees.
The payment is to cover lost wages and “attacks on dignity, feelings and self-esteem” resulting from allegations by seven employees that they were dismissed or forced to quit their jobs in August 2016 because of they were not Chinese.
In the initial complaint, the former employees alleged that Chan said he preferred Chinese workers because they didn’t need to be paid for holidays or overtime.
Chan sought a review of the decision that the complainants concocted the grounds of discrimination in order to obtain compensation that could not be recovered under employment standards legislation.
In his ruling, Judge Dennis K. Hori writes that the 2018 Tribunal’s decision was “not unreasonable†given the evidence presented at the initial hearing, which took place in March 2018.
READ MORE: Spruce Hill Resort discriminated against woman with cancer: British Columbia Human Rights Tribunal
“The Tribunal has the right to accept or reject the Applicants’ evidence and their submissions as long as its reasoning for doing so is valid,†Hori wrote. “In this case, the Tribunal rejected the Applicants’ position for justifiable reasons. “
Melonie Eva, one of the former employees and the main complainant in the human rights complaint, told the Free press she was not surprised that the appeal was dismissed, although the delays due to COVID-19 resulted in a long and drawn out experience.
“It has been a long, emotional five-year journey for our entire group,†said Eva. “We never received a single penny in compensation that was awarded to us.”
According to Eva, Chan is now ordered to pay an additional $ 20,296 in interest on top of the amount awarded.
When contacted for comment, Chan said he had yet to discuss the matter with his lawyer and could not speak to last week’s decision.
Earlier this year, the British Columbia Human Rights Tribunal ordered Chan to pay a woman $ 16,536 in damages for another unrelated case.
That case centered around a 2017 incident in which the resort refused to massage the woman due to her history of cancer.
melissa, smalley @ 100milefreepress.net
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