The complainant, a man of East Indian ancestry, alleged that his employer discriminated against him on the basis of race, colour, nationality, ancestry, or place of origin by repeatedly failing to promote him to the position of Controller and ultimately dismissing him.
The Board of Inquiry found that the employer's explanations for failing to promote the complainant on four occasions were pretextual and masked discriminatory attitudes.
However, the Board found that the complainant's subsequent dismissal was based solely on his deteriorating work performance and uncooperative attitude.
The employer was ordered to compensate the complainant for the difference in salary between his position and the Controller position for the period during which he was qualified but discriminatorily denied promotion.