(Montreal) A man, a waiter in a bar, who alleged that he was pushed out because he was the only male employee and that he was older, has just won his case in court.
Posted at 12:13 p.m.
The Administrative Labor Tribunal upheld his complaint and ordered the bar to compensate him.
The man who had worked for 28 years as a waiter had been removed from one of his three shifts, he who normally worked Mondays, Tuesdays and Wednesdays. The Wednesday shift, which had been taken away from him, constituted 50% 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 put a young waitress on the schedule to increase her sales.
Before the administrative court, the boss claimed to have done so because her sales were too low and she wanted to increase her profits.
“Distraught and dissatisfied”, the server had resigned in October 2019.
He had filed a complaint, arguing a constructive dismissal, because of this substantial change to his work schedule, which had consequences on his pay.
The Administrative Labor Tribunal has just upheld his complaint. He ordered the bar to pay him, as compensation, within 10 days, the equivalent of the salary and other benefits of which he was deprived by the dismissal of May 22, 2019, all with interest.