A male bar waiter who alleged that he was pushed out because he was the only male employee and was older, has won his case in court.
The Administrative Labor Court upheld his complaint and ordered the bar to compensate him.
The man who had worked for 28 years as a waiter had one of his three shifts taken away from him, as he normally worked Mondays, Tuesdays and Wednesdays. The Wednesday shift, which was taken away, made up 50 per cent of his pay.
According to him, his boss had explained her decision to him by telling him that he was too old and that she preferred to schedule a young waitress to increase her sales.
Before the administrative tribunal, the boss had stated that she had done so because her sales were too low and she wanted to increase her profits.
"Distraught and unhappy," the waiter had resigned in October 2019.
He had filed a complaint, arguing constructive dismissal, because of this substantial change to his work schedule, which had affected his pay.
The Administrative Labor Court has just accepted his complaint. It ordered the bar to pay him, as compensation, within 10 days, the equivalent of the salary and other benefits that the dismissal of May 22, 2019 deprived him of, all with interest.
-- This report by The Canadian Press was first published in French on April 18, 2022.
