We are looking for full and part-time server (with strong customer service skill. Must be to deal with customers in a fast friendly and efficient manner.
Please send your resume with pic and qualified candidate will be called for interview (para 7).
Although the written and verbal intent was to hire a female server the restaurant instead hired Mr. Li, a man.
In this case there is insufficient evidence to establish that the respondents received the applicant's job application.
In this case the adjudicator was not convinced that the applicant's job application was bona fide (see timeline above).
1. Did the respondents, contravene sections 5 and 23(1) of the Code when they posted a job ad on Kijiji for a server that stated "female only"?
2. Did the applicant, Mr. Cenanovic, establish that he was denied the opportunity to be considered for this job because of his gender?
1. In this case there was no dispute that the respondents posted a job ad on Kijiji on November 15, 2013 looking for female servers. In defense of the ad, the individual respondent indicated that his command of the English language is very weak and that he copied and pasted from another Kijiji ad. In this case the individual respondent's evidence was not accepted for a number of reasons as outlined below.
It is my own experiences, sometimes the patrons especially the aged patrons like to talk to female servers. It is my observation and experience that some female servers are more attentive and easy to talk. It is undeniable that in most of companies or food industries, the servers, the front desk receptionists are female. It is not a gender discrimination at all.
Since Evral left, we received many complaints from the patrons asking where Evral was. It is also my own experiences that I was not good for being a server. Sometimes I did not attend to some small details. As such, I honestly planned to hire a female server to replace Evral.
I posed a job opening in Kjiji seeking a female server. I honestly wished to hire a female server to replace Evral. I honestly believed that I could post the job opinion for a female server (para 28).
In my view, the applicant has failed to establish that his job application was not considered because of his gender for the following reasons. One, although the respondents indicated that they intended to hire a server, they did not hire anyone in response to the job ad because Mr. Li was hired. I accept the individual respondent's evidence in this regard and it is supported by the payroll records that were filed. Once Mr. Li was hired, the respondents' staffing complement of two part-time servers was filled (para 41).
2. Although the written and verbal intent was to hire a female server the restaurant instead hired Mr. Li, a man.
Two, although the respondents indicated an intention to hire a female server in the job ad and during the taped telephone conversation between the individual respondent and the applicant, the respondents hired Mr. Li, a male employee (para 42).
3. In this case there is insufficient evidence to establish that the respondents received the applicant's job application.
Three, there is insufficient evidence to establish that the respondents received the applicant's job application. While the applicant produced evidence of his job application to Kijiji, there is no evidence that Kijiji sent it to the respondents. Although the applicant took steps to identify the restaurant and its owner, he did not apply to the restaurant directly, notwithstanding his evidence that he applied for jobs in this way (para 43).
4. In this case the adjudicator was not convinced that the applicant's job application was bona fide (see timeline above).
In this case, there are several reasons to doubt the sincerity of the applicant's job application. The applicant has never worked in a fast-food restaurant. He has worked as a bartender or server in restaurants; working in a food court is very different. Although the applicant testified that he applied to more than 50 jobs through the internet and by dropping off resumes at restaurants and bars, there is no documentary evidence of the applicant's job hunt prior to November 2013, the period of time that he was ostensibly looking. Within 48 hours of responding to the job ad on Kijiji, the applicant took steps to retain a lawyer. This suggests the applicant's primary concern was the content of the ad, rather than being denied consideration for the job. Finally, I am concerned about Mr. De Bousquet's communications with the individual respondent and his message that he would owe "a lot of money". This raises the question in my mind regarding the purpose of filing the Application (para 44).
In this case the applicant requested $25,000 in monetary compensation in addition to an order requiring the respondents to retain an expert in human rights law to assist them in revising policies and procedures and provide human rights training. In addition the applicant requested an order requiring the respondents to post a copy of the Code beside the food permit in the restaurant (para 6).
The real difficulty with respect to the applicant's request for compensation is that he failed to give any evidence on the impact of seeing the job ad. The applicant's evidence dealt mainly with the impact of being rejected for the job. Because the applicant did not give any evidence about the impact of the ad itself, I can only conclude its effect was minimal or non-existent (para 13).
In the absence of sufficient evidence from the applicant concerning the impact of the job ad coupled with the fact that it is questionable as to whether the applicant was a bona fide job applicant, I am making no award for monetary compensation. The purpose of monetary compensation under section 45.2 of the Code is to remedy the loss arising from the infringement. In this case, there is no evidence that the applicant experienced a loss relating to the posting of the Kijiji ad alone (para 14).
In response to the systemic orders requested by the applicant it was found that these had already been implemented by the respondents and that there was no need for any further orders.