A B.C. Human Rights tribunal has backed a complaint by Nanaimo’s former chief financial officer that the city discriminated against him.
The tribunal awarded him $583,413 in compensation for lost wages. The city was also ordered to pay $50,000 for injury to dignity, feelings and self-respect and another $10,150 for expenses incurred as a result of a contravention of the B.C. Human Rights Code.
Victor Mema stated the city breached a section of the code by discriminating against him on the basis of his ancestry, place of origin, race and colour.
A 19-day hearing which took place in 2020 and 2021 resulted in a 107-page report issued Aug. 3 by Emily Ohler, B.C. Human Rights Tribunal chair.
The tribunal decided that the city’s decision to fire Mema from his job was based on a misconduct report, submitted by another staff member. Ohler found that the report was discriminatory and, as a result, terminating Mema was discriminatory.
“There was no evidence before me that the city would have terminated Mr. Mema had it not received the misconduct report.”
Mema worked for the city between 2015 and 2018.
“Mr. Mema was born in Zimbabwe and is a Black person,” the tribunal said. “In April 2018, the city suspended and ultimately terminated Mr. Mema’s employment — a move spurred by a report of serious misconduct filed by a city staff member.”
Mema’s use of a corporate credit card issued by the city is central to this case, the tribunal said. Cards were issued to a number of city staff and subject to an agreement that they were not to be used for personal purchases.
However, staff at times did use the cards for personal expenses and would repay the city.
Between 2016 and 2017, Mema used the card for a high number of personal expenses and had “issues with repayment,” the decision said. Mema was reprimanded and agreed to a repayment plan and paid off the balance.
Mema testified that the city was quick to forgive or excuse errors by others, the decision said.
Some former Nanaimo council members told the hearing they felt that Mema was singled out.
Staff who had been concerned about Mema’s use of the card were not aware of the contents of an audit carried out for the city.
A staff member filed the misconduct report against Mema linking the card to other matters they knew little about, the tribunal said.
Council responded by suspending Mema’s employment pending an investigation, the tribunal said. “The city ultimately terminated Mr. Mema’s employment primarily on the basis of the misconduct report.”
Since his termination, Mema has been unable to find work, the tribunal said.
The case alleges anti-Black racism in a predominantly white workplace, it said. “The social context of anti-Black racism in Canada is a critical element.” On the balance of probabilities, “Mr. Mema’s protected characteristics factored into the city’s suspension and termination of employment.”
Within the misconduct report there is a “distinct underlying thread of racial bias,” the tribunal said.
For example, the tribunal questioned the timing, noting that the report was prepared several months after Mema’s credit card was cancelled, monies repaid, the audit completed and changes to the administration of the cards were about to be introduced.
In another instance, when some of the finance staff were disciplined, the misconduct report points to Mema as being responsible but evidence indicates that he was not involved, the tribunal said.
Mema’s vehicle allowance was questioned in the misconduct report. The author did not ask anyone about it but saw it as suspicious and raised it for the first time in the report.
The tribunal accepted that the staff member who wrote the misconduct report believed she was acting in line with her training and ethics. It also accepted that Mema’s behaviour led to reasonable concerns among colleagues within Nanaimo’s finance department.
Mema could not be immediately reached for comment.
Nanaimo Mayor Leonard Krog issued a statement Tuesday, stating: “The decision is not what we expected. We are reviewing it in detail and will determine our next steps after consulting and obtaining advice.
“We do not agree with the characterizations of staff. 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.”
The City of Nanaimo is committed to providing a safe and inclusive workplace for all employees, Krog said.
On the web: B.C. Human Rights Tribunal decision — https://shorturl.at/ahpAR
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