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11/02/2018  B.C.人权法庭（B.C. Human Rights Tribunal）日前做出裁决，卡里布（Cariboo）一家度假村的老板Kin Wa Chan因涉嫌歧视白人雇员，判其要赔偿多位受害人总共$173,000，其中最大一笔赔偿金额要给在这家度假村工作20年之久的资深女经理。 判决书还说，陈姓老板说到做到，结果到2016年8月，在这个度假村工作的白人雇员悉数走光，有的是被迫辞职，有的则是被解雇，员工几乎都换上了清一色的中国人。 这些白人雇员中最惨的是女经理Clare Fast，她是这个公司最资深雇员之一，工作20多年，长期担任健身部和人事部经理。但为了把她换掉，陈老板找来啥都不懂的华人女子取而代之。 人权法庭发现，这位英文名叫Holly的华裔女子全无工作经历，但陈老板认为她工作努力，其实背后原因是，她比Fast的薪水少许多，而且不要别的福利，比如带薪假及加班费之类，全不计较。 判决书认为，白人老职工Fast是所有投诉者中受打击最大的一位，因此判给她的赔偿也最多，计有$62,000。 人权法庭还指控陈先生涉嫌性别歧视，对象是度假村的前女性总经理Melonie Eva。根据受害人的陈述，2016年4月，陈老板与Eva两人到香港出差，此行的目的原本是为了购买度假村的装修材料。 到港之后，两人外出就餐，餐后一起顺便逛了当地一家性用品商店。回到所住酒店时，Eva赫然发现老板只订了一间房，那意思再明显不过：两人“共度良宵”。 根 据Eva指证，她当时震惊不已，自然不肯就范，两人还为此大吵一架，最后陈老板无奈之下又为她开了一间房。 判决书说，两人闹了不愉快之后，Eva不久便离开了度假村，但没有说明是她愤而辞职，还是被解雇。不过法庭就上述情节判陈老板赔偿精神损失费$18,000；另加$24,481.25的工资损失。 人权法庭的主席Juricevic还表示，法庭之所以做出上述裁决，不仅基于一些基本事实，还考虑到多位投诉者的证词比陈先生的更可信，更有说服力。在本案的审理中，陈先生不仅总是避开对自己不利的事实，而且不乏相互矛盾的证词。 根据Spruce Hill Resort and Spa的网站，陈于2015年买下这家度假村。网站资料称，该度假村位于108 Mile Ranch的大型牧场，设有酒店，宴会厅，健身中心，游泳池，餐厅和小木屋等度假休闲设施。  11/02/2018  A Canadian human rights tribunal says seven resort employees were discriminated against for being white. The Human Rights Tribunal in the westernmost province of British Columbia awarded them more than C$173,000 ($132,000, £102,000). Resort owner Kin Wa Chan said he wanted to hire Chinese employees because he believed they were cheaper. The tribunal found the seven staff were forced out in August 2016, and replaced with Chinese workers. Tribunal chair Diana Juricevic ruled this qualified as discrimination based on race, which is against British Columbia's human rights code. She dismissed the complaint of an eighth former employee. "Over a period of months, Mr Chan repeatedly said that he wanted to replace Caucasian employees with ethnically Chinese employees to reduce labour costs," Ms Juricevic wrote in her decision, published last week. Mr Chan bought the Spruce Hill Resort and Spa in rural British Columbia in 2015, and began extensive renovations in January the next year. The resort operated at reduced capacity during the renovations, and so Mr Chan let many of the staff go. Seven of the employees that were kept on during the renovations ended up filing the human rights complaint, after they were fired the following summer or resigned in the course of several days because of what they described as a hostile work environment. The largest award, of more than C$62,000, went to Clare Fast, who had worked for the resort for 20 years as fitness and human resources manager. Ms Fast testified she heard Mr Chan say that he would not have to pay Chinese employees overtime. Her belief that she was fired and replaced with a Chinese employee was corroborated by her colleague and fellow complainant, resort bookkeeper Melonie Eva. In a diary entry dated 20 July 2016, Ms Eva wrote that "[Mr Chan] keeps saying he wants Chinese people" and "[Ms Stocks] and [Ms Fast] must go". On 3 August, Mr Chan told Ms Fast her human resources tasks would be given to a new employee, an ethnically Chinese student with no human resources experience. With her hours significantly reduced, Ms Fast asked to be laid off. In addition to the findings of discrimination based on race, the tribunal also found that Mr Chan sexually harassed Ms Eva, the resort's bookkeeper, on a business trip to China to purchase supplies for the renovations. On the trip, the tribunal heard Ms Eva was dismayed to find he had only booked one hotel room for the two of them. According to her testimony, she became upset and told Mr Chan that they were not sharing a room. She remembers Mr Chan saying words to the effect "relax" and that "in China, we do things the Chinese way". She told him she was married and would not share the room, and he booked her another one. He said the single room was an attempt to save money, but the tribunal did not find his testimony credible. |    Principal,  Tel: (301)906-6889; (240)912-6290 Licensed in MD, VA, DC, PA WeChat ID: sunnychenyuqing NMLS # 1220187 President, Principal Loan Consultant, Leader Funding, Inc.  电话: (240) 784-6645 Rockville, MD Phone: 301-366-3497 |
