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
'The root cause': Canada outlines national action plan to fight auto theft
The federal government is launching what it calls its 'national action plan' to combat auto thefts, which will include stronger penalties for thieves, and increased information sharing between police agencies, government officials and border enforcement.
What is BORG drinking, and why is it a dangerous trend? An expert explains
If you've been to a party lately and haven't seen someone drinking a BORG, you're likely not partying with college students.
The world's best airline is paying staff a bonus of 8 months' salary
Singapore Airlines will reward its employees with a bonus worth nearly eight months of salary, a person familiar with the matter told CNN on Friday.
Prosecution rests in Donald Trump’s hush money case. The defence now gets its turn to call witnesses
Michael Cohen testified Monday that he stole tens of thousands of dollars from his ex-boss Donald Trump’s company, an admission defence lawyers hope to use to undermine Cohen’s credibility.
Red Lobster probes 'endless shrimp' losses after bankruptcy filing
U.S.-based restaurant chain Red Lobster has filed for Chapter 11 bankruptcy protection in a Florida court after securing $100 million in financing commitments from its existing lenders, the company said on Sunday.
'Next man up': Canucks coach, teammates bracing for Game 7 without Brock Boeser
Questions about how the team is going to handle the absence of star winger Brock Boeser from a do-or-die game seven dominated pre-game interviews with the Vancouver Canucks coach and players Monday morning.
Katy Perry sings goodbye to 'American Idol'
Katy Perry said her goodbyes on 'American Idol' after seven seasons. On Sunday night’s live 'idol' season finale, a medley of Perry's hit songs were performed, including 'Teenage Dream,' 'Dark Horse' and 'California Gurls.'
U.S. Supreme Court rejects appeal from former Guantanamo detainee Omar Khadr
The U.S. Supreme Court on Monday rejected an appeal by a Canadian-born former Guantanamo detainee who was seeking to wipe away his war crimes convictions, including for killing a U.S. soldier in Afghanistan.
Woman, 35, in critical condition after her truck collided with a Via Rail train near Montreal
A 35-year-old woman is in critical condition after the pick-up truck she was driving was struck by a Via Rail passenger train Monday morning in Quebec's Monteregie region.