A Quebec company that prides itself on its incorporation has been rejected by the Superior Court. He was ordered to pay $ 175,000, including costs, to a former employee for wrongful dismissal. He was convinced he had been a victim of racism, which the company denied, considering appealing the decision.
It all started in the fall of 2019, when Khalid Sbai landed in a management position at Panthera Dental. The family business in Quebec, then in full expansion, designs and manufactures dental prostheses. Khalid Sbai got the job after being recommended by a recruiting firm. Born in France, he notably worked ten years in Dubai and specializes in international trade.
A few weeks after taking office, Khalid Sbai left Montreal to live in the Quebec region with his wife and three children.
It’s a family sacrifice, and that’s exactly what to saysaid the man, sitting in his sunny courtyard in Boischatel.
This move was one of the conditions for getting the position, she said, stressing that her husband would have to find a new job and his children would have to attend a new school.
His experience in Quebec, however, had an unexpected opportunity. More than two months after taking office, and less than two weeks after moving, he was fired.
” Shocking, no other term. No signal came to warn me about a sudden decision. “
In January 2020, Khalid Sbai took legal action against his former employer for wrongful dismissal.
hindi fit hindi
During the hearings, Panthera Dental failed to convince Judge Johanne April that Khalid Sbai had been fired for just cause. The director of human resources, Nathalie Planche, testified that the company’s president, Gabriel Robichaud, informed him that he had to remove Sbai on the grounds “not fit no “.
However, in the days before his dismissal, Khalid Sbai assured us that his boss had expressed to him that he was satisfied with his job.
Diane Robichaud, the laboratory director and Gabriel’s aunt, will alert Gabriel Robichaud about the former employee after shaking hands with him for several days. He emphasizes her short attention spanhim lack of interest and its unrelated questions.
It was impossible for me to work or collaborate with Mr. Sbaihe summed up in court.
However, the judge considered that the company did not follow the necessary steps before he was fired, because his shortcomings were not notified to him and he did not have the right for a period of time to adjust management expectations.
On this subject, labor law expert Me François Leduc believes that companies should pay attention to this aspect of judgment.
For employers, it should not be believed that because an employee is on probation the employer has full latitude to fire him without thinking that there are recourses for employees.
He also believes that the transfer of Mr. Sbai and his family as part of his hiring was part of the aggravating circumstances for the employer and that justified the compensation set by the court.
Discriminatory speech
Mr. Sbai is convinced that his dismissal has more to do with his Moroccan origin.
From day one, I was told: “Khalid, welcome to Quebec, but know that here, people are extremely racist!” To which I replied: “these are not very encouraging words!”
He says his Moroccan cultural background is less noticed, though highly welcomed by some members of management. The manager also says he was also a victim of discrimination within his former employer, Pratt & Whitney Canada.
He specifically targets Béatrice Robichaud, the vice president of Panthera Dental. The trans businesswoman is known for her participation in advocacy for communities of sexual and gender diversity. According to Khalid Sbai, he would have made discriminatory and intolerant speech against the Muslim religion, referring to him. countries in the middle east when he was born in France.
Before the Tribunal, Béatrice Robichaud declined to make such comments.
The judge did not believe him and determined that this behavior was not acceptable. He awarded the former employee $ 10,000 as exemplary damages.
” Panthera, through Beatrice’s voice, disrespectfully reaches out to Sbai at her deepest value. “
As part of a company that prides itself on being open-minded, that prides itself on having half of its employees with different backgrounds, but as opposed to what it prides itself on doing, this is something that is particularly bothered me and it really needed to be denouncedsaid Khalid Sbai.
Panthera Dental is currently considering the possibility of appealing the case. Therefore, as the case is still in court and out of respect for legal process, Panthera Dental will not comment further.responded to the company in an email to Radio-Canada.
toxic climate
Another testimony corroborates Khalid Sbai’s allegations. In a letter given to the court, Marie-Pier Blouin, a former director of human resources who hired Mr. Sbai, reported a toxic work environment.
” Disrespect is mostly promoted by management. “
According to him, family members often hold warm gatherings where shouting is common. The former employee said he deeply regretted his time at Panthera, where he worked for less than a year. During this time, it claimed to have laid off a dozen workers, which is overwhelming for a company of 100 peoplehe says.
For Khalid Sbai, he still can’t find a new job. Although they love the Quebec region, the couple is considering moving again.
Source: Radio-Canada
