Nanaimo ordered to pay $640,000 to former CFO in discrimination case
A former chief financial officer for the City of Nanaimo, who racked up thousands of dollars in personal debt on a municipal credit card, has been awarded more than $640,000 in damages after the British Columbia Human Rights Tribunal ruled he was fired due to anti-Black discrimination.
The Aug. 3 decision came following 19 days of hearings featuring 13 witnesses and hundreds of pages of evidence submitted by lawyers for the city and for Victor Mema, the former CFO who was terminated in May 2018.
Mema was fired by the city after an official misconduct report and an audit of credit card expenses alleged that he had charged more than $14,000 in personal expenses to his corporate credit card, including a $1,200 charge from a resort in Cancun, Mexico, according to testimony.
In his complaint to the tribunal, Mema argued the credit-card agreement with the city was open to interpretation about what constituted a personal or professional expense, and said the use of corporate credit cards for personal expenses was widespread among city staff.
He also alleged that the misconduct report filed against him by a senior accountant at the city was "a pretext to get rid of all Black Africans employed at the city."
The City of Nanaimo denied discriminating against Mema, arguing he had engaged in misconduct that "constituted a failure by him as a fiduciary," and that his termination was based solely on that misconduct.
However, tribunal chair Emily Ohler found that while Mema "certainly made poor decisions regarding his use of the [credit card], understandably raising concerns, the city's decisions to suspend and terminate his employment were discriminatory."
Ohler noted that the misconduct report "was inflected with racial bias and stereotype – likely unconscious – which ran through each of the key points of the report" and led to Mema's termination.
"I am satisfied on a balance of probabilities that – however subconsciously – pernicious stereotypes of a Black man as less honest or trustworthy factored into the misconduct report," Ohler found.
In a statement late Tuesday afternoon, Nanaimo Mayor Leonard Krog said the decision was "not what we expected," adding "we do not agree with the characterization of staff" in the decision.
"It is our view that individuals on staff who came forward to disclose information regarding serious matters did so in good faith with the best interests of Nanaimo's citizens in mind," Krog said.
"The City of Nanaimo is committed to providing a safe and inclusive workplace for all employees. We will not make any further comments at this time."
The tribunal ordered the city to pay Mema $583,413.40 in lost wages; $50,000 for injury to his dignity, feelings and self-respect; and $10,150.04 for expenses resulting from the city's contravention of his rights, for a total of $643,563.44 plus interest until the award is paid in full.
Krog said the city is still reviewing the 107-page tribunal decision and "will determine our next steps after consulting and obtaining advice."
The tribunal's decision comes one month after the B.C. Supreme Court tossed out Mema's wrongful dismissal suit against the city.
CTVNews.ca Top Stories
El Nino weakening doesn't mean cooler temperatures this summer, forecasters say
As Canadians brace themselves for summer temperatures, forecasters say a weakening El Nino cycle doesn’t mean relief from the heat.
BREAKING 15-year-old boy stabbed Thursday in Nepean dies
A 15-year old boy who was critically injured after a stabbing in Nepean on Thursday has died of his injuries, Ottawa's English public school board said Sunday.
Dash cam catches moment suspected drunk driver hits parked car, sends it careening into North Shore flower shop
Police say it’s fortunate no one was injured or killed in a collision at North Vancouver’s Park and Tilford shopping centre Saturday evening that sent one vehicle careening into a flower shop and another into a set of concrete barriers outside a Winners store.
Nylander defends Leafs' core after playoff exit, Toronto again picks up the pieces
The Maple Leafs battled back from a 3-1 series deficit against the Boston Bruins with consecutive 2-1 victories - including one that required extra time - in their first-round playoff series to push the club's Original Six rival to the limit before suffering a devastating Game 7 overtime loss.
Amid climate change warnings, Canadians lukewarm on electric vehicles
Amid scientists' warnings that nations need to transition away from fossil fuels to limit climate change, Canadians are still lukewarm on electric vehicles, according to a study conducted by Nanos Research for CTV News.
Three dead, two hospitalized, following collision in Fredericton: police
Three people have died and two have been hospitalized after a speeding car struck a tree and landed on another vehicle in Fredericton Sunday morning.
Montreal man on the hook for thousands of dollars after a feature on his Tesla caused an accident
A Montreal man is warning Tesla drivers about using the Smart Summon feature after his vehicle hit another in a parking lot.
Madonna's biggest-ever concert transforms Rio's Copacabana beach into a massive dance floor
Madonna put on a free concert on Copacabana beach Saturday night, turning Rio de Janeiro's vast stretch of sand into an enormous dance floor teeming with a multitude of her fans.
Mexican authorities say thieves killed 2 Australians and an American to steal their truck
Thieves killed two Australians and an American on a surfing trip to Mexico in order to steal their truck, particularly because they wanted the tires, authorities said Sunday.