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
Trump confronts repeated boos during raucous Libertarian convention speech
Donald Trump was booed repeatedly while addressing Saturday night’s Libertarian Party National Convention.
This type of screen time has the worst effect on kids: experts
According to some experts, there is one type of screen time that is continuously excessive, and it's having a severe effect on our children.
Family of toddler found dead at small-town Ont. daycare no closer to answers after year of investigation
A year has passed since two-year-old Vienna Irwin was found on the property of a home-based daycare in small-town Ontario, but her family says they are no closer to answers of what happened that day.
Grayson Murray, two-time PGA Tour winner, dead at 30
Two-time PGA Tour winner Grayson Murray died Saturday morning at age 30, one day after he withdrew from the Charles Schwab Cup Challenge at Colonial.
Humboldt Broncos crash victims and families react to decision to deport truck driver
The family of one of the victims of the Humboldt Broncos bus crash in 2018 says they are 'thankful' for a decision by a Calgary immigration board to deport the driver of the truck involved.
Fatal plane crash reported near Squamish, B.C.
The Transportation Safety Board of Canada has confirmed it is working with local Mounties and the BC Coroners Service after a plane crash near Squamish, B.C. Friday night.
'God forgives but we don’t': Loud outburst from stabbing victim’s family during sentencing hearing
An emotional outburst in a London, Ont. courtroom Friday disrupted the sentencing hearing of a woman who pleaded guilty for her part in the death of 29-year-old Mohammed Abdallah.
Three dead after vehicle plunged down a 100-foot embankment in Shediac, N.B.
Three people have died after a vehicle veered off the road in Shediac N.B., Friday morning.
Appeal denied for Edmonton soldier accused of trying to kill her 3 children
An Edmonton woman found guilty of trying to kill her three children has been denied an appeal.