Unsuccessful discrimination claim for worker with poor performance

Worker claimed religious debate with manager was factor in his dismissal, but had a lengthy list of performance and behaviour issues
By Jeffrey R. Smith
|Canadian Employment Law Today|Last Updated: 05/15/2019

A religious disagreement between a British Columbia worker and his manager wasn’t enough to support an argument of discrimination when the worker was fired for ongoing performance and behaviour issues, the B.C. Human Rights Tribunal has ruled.

Shreyansh Shah was hired in February 2015 to work in the engineering department for the Hyatt Regency Hotel in Vancouver. His duties included replacing light bulbs and air-conditioning filters, maintaining plumbing fixtures and supplies, performing maintenance on room appliances and doors, taking water readings in the swimming pool and hot tub, and performing general maintenance duties.

The hotel’s director of engineering, Joe Weiss, found Shah to be a problem employee. He had issues with Shah’s job performance and found Shah to be confrontational when problems were brought to his attention. Only two months into Shah’s employment with the hotel in April 2015, Weiss completed a 30-day performance assessment for Shah that noted several areas needing improvement. Shah was told he needed to “make a drastic improvement in his overall job performance” by the time his 60-day assessment was done.