Former Parking Control Officer, Compton Chance, is seeking reinstatement, amongst other damages and $100,000 in punitive damages against his former employer The Town of Richmond Hill. Mr. Chance's statement of claim asserts claims under the Human Rights Code as well as common law claims for intentional infliction of mental distress and wrongful dismissal. The human rights portions of the clam assert the following claims against the Town of Richmond Hill:
"Age: The Town's pattern and practice of harassment and discriminatory treatment escalated markedly once the Plaintiff applied for his CPP entitlement in June-July, 2009. From that time until his dismissal he was falsely accused of improper conduct or poor performance on roughly six occasions."
"Race: The Plaintiff asserts and the fact is that the Defendant Town consistently held him to a higher and differential standard of performance and general conduct that his white workmates."
"Religion: The plaintiff asserts and the fact is that the Defendant Town condoned a work place in which it was common place to make jokes about his religious convictions without fear of discipline."
Punitive Damage Claim:
Perhaps the most novel aspect of this claim is the fact that Mr. Chance's terms and conditions and employment were the subject of what the statement of claim refers to as a "sham agreement" between the Town of Richmond Hill and an organization coined the Salaried Employees Association(SEA). Mr. Chance asserts the following material facts in his statement of claim on this point:
(8) "The Plaintiff pleads and the fact is that the Town established and maintains the organization known in their workplace as the SEA - Salaried Employees Association as a means of defeating his rights pertaining to this employment with them at common law, the Employment Standards Act, Labour Relations Act and the Human Rights Code."
(9) "The Town negotiates a sham agreement with the SEA and passes this documents off as a collective agreement with the SEA being the bargaining agent for the employees including himself. However, in fact the SEA is totally controlled by the Town and it has no means to advocate on behalf of the employees it is supposed to represent."
(10) "The Plaintiff pleads and the fact is that he attempted to assert his rights under the sham agreement described above to challenge his dismissal only to be told by Mr. Mario Da Silvo that the SEA does not have the financial means to litigate grievances and that in fact they never litigated a single grievance and consequently could not assist him against the Defendant's acts and omissions detailed herein."
(18) "The Plaintiff asserts that the Defendant Town's handling of the allegations against him and their course of action in falsely accusing him of a lack of integrity was outrageous, irresponsible and with little or no regard for the Plaintiff and his well-being. Further, their establishment of the SEA in order to systematically defeat his common law and statutory rights with respect to his employment is deserving of strong condemnation by the Court."
Defence:
The Town of Richmond Hill has served and filed a Statement of Defence in the action denying all of the allegations made by Mr. Chance. The allegations made by Mr. Chance in his Statement of Claim have yet to be proved in a court of law and should be the subject of trial in the Superior Court in due course.
Witnesses Sought:
Anyone with material information regarding the allegations referred to above are asked to contact Ernest J. Guiste, Trial & Appeal Lawyer: (416) 364-8908 - E mail - ejguiste.rightslawyer@gmail.com
"Age: The Town's pattern and practice of harassment and discriminatory treatment escalated markedly once the Plaintiff applied for his CPP entitlement in June-July, 2009. From that time until his dismissal he was falsely accused of improper conduct or poor performance on roughly six occasions."
"Race: The Plaintiff asserts and the fact is that the Defendant Town consistently held him to a higher and differential standard of performance and general conduct that his white workmates."
"Religion: The plaintiff asserts and the fact is that the Defendant Town condoned a work place in which it was common place to make jokes about his religious convictions without fear of discipline."
Punitive Damage Claim:
Perhaps the most novel aspect of this claim is the fact that Mr. Chance's terms and conditions and employment were the subject of what the statement of claim refers to as a "sham agreement" between the Town of Richmond Hill and an organization coined the Salaried Employees Association(SEA). Mr. Chance asserts the following material facts in his statement of claim on this point:
(8) "The Plaintiff pleads and the fact is that the Town established and maintains the organization known in their workplace as the SEA - Salaried Employees Association as a means of defeating his rights pertaining to this employment with them at common law, the Employment Standards Act, Labour Relations Act and the Human Rights Code."
(9) "The Town negotiates a sham agreement with the SEA and passes this documents off as a collective agreement with the SEA being the bargaining agent for the employees including himself. However, in fact the SEA is totally controlled by the Town and it has no means to advocate on behalf of the employees it is supposed to represent."
(10) "The Plaintiff pleads and the fact is that he attempted to assert his rights under the sham agreement described above to challenge his dismissal only to be told by Mr. Mario Da Silvo that the SEA does not have the financial means to litigate grievances and that in fact they never litigated a single grievance and consequently could not assist him against the Defendant's acts and omissions detailed herein."
(18) "The Plaintiff asserts that the Defendant Town's handling of the allegations against him and their course of action in falsely accusing him of a lack of integrity was outrageous, irresponsible and with little or no regard for the Plaintiff and his well-being. Further, their establishment of the SEA in order to systematically defeat his common law and statutory rights with respect to his employment is deserving of strong condemnation by the Court."
Defence:
The Town of Richmond Hill has served and filed a Statement of Defence in the action denying all of the allegations made by Mr. Chance. The allegations made by Mr. Chance in his Statement of Claim have yet to be proved in a court of law and should be the subject of trial in the Superior Court in due course.
Witnesses Sought:
Anyone with material information regarding the allegations referred to above are asked to contact Ernest J. Guiste, Trial & Appeal Lawyer: (416) 364-8908 - E mail - ejguiste.rightslawyer@gmail.com
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