1. I am a person who adheres to the Muslim faith and I believe that my right to equal treatment with respect to employment without discrimination because of creed and ethnic origin has been infringed by the above named respondents in contravention of sections 5(1) and 9 of the Human Rights Code, R.S.O. 1990, C.H. 19. I believe this for the following reasons:
a. In and around September 1985, I commenced employment with the above named respondent working in the capacity of Sales Associate, Ladies Shoes. My problems commenced in and around October 1996 when Ms. Vanessa Kiss was made the manager of Ladies Shoes. In and around late November and early December 1996, I had earned 2 bonus cheques, one in each month, due to my outstanding sales results. Due to negligence on the part of Ms. Kiss, I was the only one in my department who did not get paid for those bonuses, while all my co-workers received theirs. After two pay periods had passed, I approached Ms. Kiss with my concerns and she commented that, when I get time, I'll look into it. I told you I am busy and you will have to wait and if I get time I will look into it for you.
b. On or about February 02, 1997 during a discussion with Ms. Kiss about work scheduling, I pointed out to her that because I am a devout Muslim I could not be scheduled for work on Fridays, for I would be attending Mosque. Ms. Kiss response to my expressed concerns were, I do not care if you have to go to your church on Fridays. You have to decide what is important for you. Working at Eaton's or your religion. If you are sick because of your fasting, then that is your problem, I don't care. Maybe you should not fast on days that you have to work at Eaton's. If you want to work at Eaton's you have to be available at all times.
c. Because of the above confrontation, Ms. Kiss purposely scheduled me for work on Friday January 24, 1997 during my afternoon pray time, a must for Muslim men. On or about February 02, 1997 she further penalized me by decreasing my salary by giving me a Negative Status Check review, which has a negative impact on Commission level. Therefore, if I get a negative report, then my Commission Rate will go down, hence, less pay and no bonuses.
d. On or about February 02, 1997, Ms. Kiss commented that, we need civilized and professional staff working in our stores. We have spent a lot of money on renovations and have a new image. We need people who can uphold that image and maybe you are not right for this job anymore. I will be taking action to see that anyone who does not meet our criteria, will be terminated. I am only following company policy.
I have observed that if an issue occurs in the department, I am always the first one whi is penalized in the department, while if someone else in the department is doing the same thing, then that matter is overlooked. An example of this differential treatment is constantly being brought into the office and being threatened about my job and the removal of my RPT [Regular Part-Time(sic] status.
e. On or around January 29, 1997 Ms. Kiss phoned my home to inform me that I could not take my upcoming vacation to Venezuela from February 20 to March 09, 1997 because I was not going overseas and that was Eaton's policy. I was stunned to hear that and I commented by saying that i am a Regular Part Time employee and as such I was entitled to 23 vacation days for 1997 and that I had never incurred that problem from any previous managers in the past. I further went on to say that I will contact Eaton's personnel department to verify this policy. At that point, Ms. kiss commented, Naz, I am your manager, and what I tell you is correct, do not phone personnel.
f. On or about February 05, 1997, I met with Ms. Kiss in her office and she commented, I just want to talk to you about your RPT (Regular Part Time) status and your vacation. Since I am your manager, I have decided that after you come back from vacation, I will be revoking your RPT status. I have spoken to Sharon Dawson in personnel and I will be following through on this once you return...
I believe that Ms. Kiss purposely wants to remove my RPT status as a means of discriminating against me due to my creed.
2. I am a person who adheres to the Muslim faith and I believe that my right to freedom from harassment with respect to employment without discrimination because of creed and ethnic origin has been infringed by the above named respondents in contravention of sections 5(2) and 9 of the Human Rights Code, R.S.O. 1990, C.H. 19. I believe this for the following reasons:
g. On or about February 02, 1997, during my private status check review in her office, Ms. Kiss yelled at me, threated me about my job and told me to shut up. She also humiliated me by talking down to me with her index finger pointing at my face...
h. I believe that Ms. Kiss's treatment and attitude is as a result of my creed and ethnic origin.
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