C.P. Goldson

Following a finding of liability that the respondents contravened the Human Rights Code by posting a job advertisement for a server stating 'female only', a hearing was held to determine the appropriate remedy.

The applicant sought $25,000 in monetary compensation and systemic orders.

The Tribunal declined to award monetary compensation, finding the applicant failed to provide evidence of the impact of the advertisement itself and questioning whether he was a bona fide job applicant.

The Tribunal also declined to order systemic remedies, noting the respondents had already implemented human rights policies and training.

The applicant alleged discrimination on the basis of sex after the respondents posted a Kijiji advertisement seeking a 'female only' server for their fast-food restaurant.

The applicant claimed he was denied consideration for the position because he is male.

The Tribunal found that while the job advertisement itself was discriminatory and violated sections 5 and 23(1) of the Human Rights Code, the applicant failed to establish that he was actually denied consideration for the job because of his gender.

The Tribunal noted the respondents had already hired a male employee before the applicant applied, and found the applicant's job application was not bona fide.

The hearing was bifurcated, with remedy for the discriminatory ad to be determined subsequently.