正文
你是否覺得自己因遭種族歧視而被不合理解雇？當你被不合理解雇時，是否會因法院或者人權仲裁庭的複雜程序望而卻步？你是否覺得很難找到訴訟的證據？而律師在打官司中會怎麽幫你呢？
Do you believe that you have been wrongfully dismissed as a result of racial discrimination? Have you been intimidated by the court system or the human rights tribunal after being wrongfully dismissed? Do you find it is difficult to find evidence to support your claim? How could a lawyer assist you with the claim?
Payne Law Professional Corporation的管理主任和高級出庭律師Yan David Payne表示：“雇主在解雇你的時候一般不會說因為你是一名華裔、或因你有六個月身孕，但即使在在缺乏明顯證據前提下，經常處理這類事件的法庭或者人權仲裁庭會做出判決。”
“It is very rare that an employer would tell you that you are terminated because you are of Chinese decent, or because you are six-months pregnant, but the court system or the human rights tribunal, which deals with these issues regularly, would make a finding under the circumstances that the very expressed evidence is missing in a claim,” said Yan David Payne, a managing director and senior trial lawyer with Payne Law Professional Corporation.
平等工資仲裁聽證會第一任會長，具有30年訴訟經驗的就業法律師Beth Symes在接受《大中報》采訪時表示，傳統的歧視方式現在已經不存在了，而代之以更為巧妙、間接的手段。
Old-fashioned forms of discrimination may no longer exist, and be replaced by more subtle indirect ones, said Beth Symes, the first Chair of the Pay Equity Hearings Tribunal and an employment lawyer with 30 years of litigation experience, told Chinese News in an interview.
Symes表示：“在我所處理的非正當解雇案件中，也許隻有千分之一的雇主會直接告訴雇員其遭解雇原因同其種族背景有關。”“Maybe only in one in a thousand wrongful dismissal cases I have dealt with would an employer tell an employee directly that he or she is fired because of the employee’s ethnic background,” said Symes.
Payne表示， 懷孕六個月時被解雇的雇員可以提供的證據包括從未收到警告信，具有較長的雇傭曆史等，法庭或者仲裁庭的判決會根據解雇發生於雇員處於最不利的工作狀態、且在一定時期內很難找到工作這一事實。An employee who was fired while 6-months pregnant may present evidence such as no warning letter ever received, the lengthy employment history, etc. and the court or the tribunal may make a judgment based on the fact that the termination happened at the time that the employee was very vulnerable and unlikely to find a job within a certain period of time, said Payne.
Symes表示，“這種情形下，需要雇員善於巧妙地組織案件，精心舉證。很多案件雖然表麵顯得公平，但事實上卻會給少數族裔或土著居民帶來不利的影響。”“Employees under such circumstances should be very sophisticated to frame and formulate the cases, many of which may appear neutral on the surface, but have an adverse impact on ethnic minorities or aboriginal people.
“比如指控雇主對某一少數族裔的刻意歧視可以通過統計數據來證明，比如，申請該公司的華裔申請人數比該公司雇傭華裔員工人數高出十倍之多等。”“For example, a claim against an employer deliberately discriminating against a certain ethnic minority could be backed up by statistics, such as the proportion of Chinese applicants to a company being ten times higher than the Chinese employees hired,” said Symes.
再比如，房東要求租房申請者所將支付的房租額不超過其收入的30%，這一規則看起來對所有房客都很正常，沒有涉及到他們的族裔問題，然而經過25天的聆詢，統計學家和專家作證，法院判決這一規定對那些弱勢的群體，比如單親母親、年輕群體、年輕家長、加拿大新移民、難民等群體並不公平，因為他們的收入非常有限。A rule of a landlord stating that applicants who would pay more than 30% of income on their rent are not qualified as tenants appears neutral to all tenant applicants, regardless of their ethnicity. However, it has been proved in court -- through 25 days of hearing where statisticians and expert witnesses testified -- that this rule had an adverse impact on equality-seeking groups, such as single mothers, youth, young parents, newcomers to Canada, and refugee claimants who have very limited income, said Symes.
Symes表示，律師在這類案件中絕對可對弱勢群體提供幫助，比如遊說政府和管理機構、呼籲及建議他們改進當前法律係統。And a lawyer definitely can help to formulate the case, provide strategic advice on lobbying government and regulatory authorities to advocate changes to the currently system, said Symes.
種族歧視案件即可提交到安省法庭也可投訴安省人權委員會。對雇員發表性別歧視言論或者有種族歧視行為而違反人權憲章的雇主會被要求向雇員支付更多的賠償。
In Ontario, there is an overlap between the court system and the Ontario Human Rights Commission to process a racial discrimination case, and additional damages could be sought against employers who violated human rights codes such as making gender based comments or racially discriminating against employees.
從7月1日開始，遞交至人權委員會的投訴案應直接遞交至人權仲裁庭，仲裁庭會加速對案件的處理、並降低費用。
Starting July 1, complaints filed to the Human Rights Commission should be filed directly to the Human Rights Tribunal, which will speed up the process and save costs.
在向安省高等法院遞交的一份訴訟中，一家汽車生產公司被控沒有合理提供殘障雇員的津貼補償，法官將合理津貼期限延長了一個月，並判該公司支付懲罰費50萬元，這一費用後來被安省上訴法院而減至10萬元。
In a claim filed to the Superior Court of Ontario, where a Canadian auto maker were found not accommodating the employees’ disabilities, the judge extended the reasonable notice period for a month, and rewarded punitive damages of $500,000, which was reduced by the Ontario Court of Appeal to $100,000.
Payne表示，雖人權仲裁庭未規定必須請律師，但律師可以提供建議使投訴者向人權仲裁庭投訴，比如補充一些重要文件以避免所應得的損失補償受到限製等。
Although not required, a lawyer can benefit complainants to the Human Rights Tribunal by providing advice such as adding an important document to the claim, which may avoid the limitation of the entitlement, said Payne.
Payne還指出，法律費用對雇員和雇主雙方來說都是非常昂貴的。他告訴《大中報》他們律師行所處理的不合理解雇案中95%的案子是通過5個月內的庭外調解和解的，隻有很少一部分案子一直打到庭審。
Payne, who indicated that legal costs are expensive for both employers and employees, told Chinese News that 95% of wrongful dismissal cases his firm has handled were settled through mediation process within 5 months, with a very small percentage of cases going to trial.
Payne表示：“雇員的代表律師在案子處理過程中往往會對雇主形成很大壓力，雇主會考慮到律師費、以及法庭最終判給雇員的損失補償等因素而和解。”
“Employers are generally under the pressure of the employee-side-lawyer to settle the case, when taking considerations of the legal cost and the ultimate trial judgment to the employee,” said Payne.
Payne介紹說，目前，被解雇員工應得到勞工廳的最低離職津貼以及法庭通常法規定的合理離職津貼，這筆離職津貼會可以遠遠高於勞工庭規定最低離職津貼。
Currently, terminated employees are entitled to the statutory notice from employers regulated provincially, under the minimum requirements of the Ministry of Labor, and the reasonable notice under the common law, which could be significantly higher than the minimum requirements, according to Payne.
安省律師協會不合理解雇行動小組正在研究簡化不合理解雇案例審判程序的方案，可能的建議會包括改進《雇傭標準法》，使其規定向被解雇雇員提供合理離職津貼或者提高最低離職津貼標準等，Symes也非常支持這一提議。
The Ontario Bar Association (OBA) Task Force on Wrongful Dismissal (the “task force”) is seeking recommendations to simplify the process on wrongful dismissal cases, which may include amending the ESA to mandate reasonable notice or increase the minimum statutory notice, which was strongly supported by Symes.
擁有很多華裔客戶的Panyen向《大中報》表示，他的律師行接觸的很多案例中客戶的語言障礙阻止了他們同法庭或者雇主的有效交流，而他的公司所處理的案件範圍包括了性侵犯、種族歧視、雇員被利用等等。
Payne, with many clients of Mandarin Chinese speakers, told Chinese News that quite often, the client’s matters involve language issues, which prevent them from communicating well with either the court or the employer, and that his firm handles a range of cases, from sexual harassment or racial discrimination, to employees being taken advantaged of.
Symes表示：“與目前在職律師相比，安省的法學院培養各種族裔講不同種語言的法律人才。我相信總有一天，會有更多講中文的律師能夠服務社區，幫民眾解決不合理解雇案件。”
“We have very diverse law schools in Ontario, where students have different ethnic backgrounds and speak a variety of languages, as compared with the profession. Although it may take some time, I believe there will be more Chinese-speaking lawyers serving the community on wrongful dismissal cases,” said Symes.
編注：如果你對本文有任何評論，請到096.ca的“特別報道”欄目下、此文的論壇裏發表評論。如果你有任何社區、社會和生活故事與大中報的讀者分享，或有問題需要大中報回答或調查，請將你的評論或問題細節以電話留言（416-504-0761 轉213分機），或傳真（416-504-4928），或電郵（cng@chinesenewsgroup.com）發給大中報，或電郵給南茜（jnancy@chinesenewsgroup.com）。你可以匿名為本報提供調查線索，但調查線索應包括當事人的聯係電話或地址、發生問題的時間及地址等信息。
Do you believe that you have been wrongfully dismissed as a result of racial discrimination? Have you been intimidated by the court system or the human rights tribunal after being wrongfully dismissed? Do you find it is difficult to find evidence to support your claim? How could a lawyer assist you with the claim?
Payne Law Professional Corporation的管理主任和高級出庭律師Yan David Payne表示：“雇主在解雇你的時候一般不會說因為你是一名華裔、或因你有六個月身孕，但即使在在缺乏明顯證據前提下，經常處理這類事件的法庭或者人權仲裁庭會做出判決。”
“It is very rare that an employer would tell you that you are terminated because you are of Chinese decent, or because you are six-months pregnant, but the court system or the human rights tribunal, which deals with these issues regularly, would make a finding under the circumstances that the very expressed evidence is missing in a claim,” said Yan David Payne, a managing director and senior trial lawyer with Payne Law Professional Corporation.
平等工資仲裁聽證會第一任會長，具有30年訴訟經驗的就業法律師Beth Symes在接受《大中報》采訪時表示，傳統的歧視方式現在已經不存在了，而代之以更為巧妙、間接的手段。
Old-fashioned forms of discrimination may no longer exist, and be replaced by more subtle indirect ones, said Beth Symes, the first Chair of the Pay Equity Hearings Tribunal and an employment lawyer with 30 years of litigation experience, told Chinese News in an interview.
Symes表示：“在我所處理的非正當解雇案件中，也許隻有千分之一的雇主會直接告訴雇員其遭解雇原因同其種族背景有關。”“Maybe only in one in a thousand wrongful dismissal cases I have dealt with would an employer tell an employee directly that he or she is fired because of the employee’s ethnic background,” said Symes.
Payne表示， 懷孕六個月時被解雇的雇員可以提供的證據包括從未收到警告信，具有較長的雇傭曆史等，法庭或者仲裁庭的判決會根據解雇發生於雇員處於最不利的工作狀態、且在一定時期內很難找到工作這一事實。An employee who was fired while 6-months pregnant may present evidence such as no warning letter ever received, the lengthy employment history, etc. and the court or the tribunal may make a judgment based on the fact that the termination happened at the time that the employee was very vulnerable and unlikely to find a job within a certain period of time, said Payne.
Symes表示，“這種情形下，需要雇員善於巧妙地組織案件，精心舉證。很多案件雖然表麵顯得公平，但事實上卻會給少數族裔或土著居民帶來不利的影響。”“Employees under such circumstances should be very sophisticated to frame and formulate the cases, many of which may appear neutral on the surface, but have an adverse impact on ethnic minorities or aboriginal people.
“比如指控雇主對某一少數族裔的刻意歧視可以通過統計數據來證明，比如，申請該公司的華裔申請人數比該公司雇傭華裔員工人數高出十倍之多等。”“For example, a claim against an employer deliberately discriminating against a certain ethnic minority could be backed up by statistics, such as the proportion of Chinese applicants to a company being ten times higher than the Chinese employees hired,” said Symes.
再比如，房東要求租房申請者所將支付的房租額不超過其收入的30%，這一規則看起來對所有房客都很正常，沒有涉及到他們的族裔問題，然而經過25天的聆詢，統計學家和專家作證，法院判決這一規定對那些弱勢的群體，比如單親母親、年輕群體、年輕家長、加拿大新移民、難民等群體並不公平，因為他們的收入非常有限。A rule of a landlord stating that applicants who would pay more than 30% of income on their rent are not qualified as tenants appears neutral to all tenant applicants, regardless of their ethnicity. However, it has been proved in court -- through 25 days of hearing where statisticians and expert witnesses testified -- that this rule had an adverse impact on equality-seeking groups, such as single mothers, youth, young parents, newcomers to Canada, and refugee claimants who have very limited income, said Symes.
Symes表示，律師在這類案件中絕對可對弱勢群體提供幫助，比如遊說政府和管理機構、呼籲及建議他們改進當前法律係統。And a lawyer definitely can help to formulate the case, provide strategic advice on lobbying government and regulatory authorities to advocate changes to the currently system, said Symes.
種族歧視案件即可提交到安省法庭也可投訴安省人權委員會。對雇員發表性別歧視言論或者有種族歧視行為而違反人權憲章的雇主會被要求向雇員支付更多的賠償。
In Ontario, there is an overlap between the court system and the Ontario Human Rights Commission to process a racial discrimination case, and additional damages could be sought against employers who violated human rights codes such as making gender based comments or racially discriminating against employees.
從7月1日開始，遞交至人權委員會的投訴案應直接遞交至人權仲裁庭，仲裁庭會加速對案件的處理、並降低費用。
Starting July 1, complaints filed to the Human Rights Commission should be filed directly to the Human Rights Tribunal, which will speed up the process and save costs.
在向安省高等法院遞交的一份訴訟中，一家汽車生產公司被控沒有合理提供殘障雇員的津貼補償，法官將合理津貼期限延長了一個月，並判該公司支付懲罰費50萬元，這一費用後來被安省上訴法院而減至10萬元。
In a claim filed to the Superior Court of Ontario, where a Canadian auto maker were found not accommodating the employees’ disabilities, the judge extended the reasonable notice period for a month, and rewarded punitive damages of $500,000, which was reduced by the Ontario Court of Appeal to $100,000.
Payne表示，雖人權仲裁庭未規定必須請律師，但律師可以提供建議使投訴者向人權仲裁庭投訴，比如補充一些重要文件以避免所應得的損失補償受到限製等。
Although not required, a lawyer can benefit complainants to the Human Rights Tribunal by providing advice such as adding an important document to the claim, which may avoid the limitation of the entitlement, said Payne.
Payne還指出，法律費用對雇員和雇主雙方來說都是非常昂貴的。他告訴《大中報》他們律師行所處理的不合理解雇案中95%的案子是通過5個月內的庭外調解和解的，隻有很少一部分案子一直打到庭審。
Payne, who indicated that legal costs are expensive for both employers and employees, told Chinese News that 95% of wrongful dismissal cases his firm has handled were settled through mediation process within 5 months, with a very small percentage of cases going to trial.
Payne表示：“雇員的代表律師在案子處理過程中往往會對雇主形成很大壓力，雇主會考慮到律師費、以及法庭最終判給雇員的損失補償等因素而和解。”
“Employers are generally under the pressure of the employee-side-lawyer to settle the case, when taking considerations of the legal cost and the ultimate trial judgment to the employee,” said Payne.
Payne介紹說，目前，被解雇員工應得到勞工廳的最低離職津貼以及法庭通常法規定的合理離職津貼，這筆離職津貼會可以遠遠高於勞工庭規定最低離職津貼。
Currently, terminated employees are entitled to the statutory notice from employers regulated provincially, under the minimum requirements of the Ministry of Labor, and the reasonable notice under the common law, which could be significantly higher than the minimum requirements, according to Payne.
安省律師協會不合理解雇行動小組正在研究簡化不合理解雇案例審判程序的方案，可能的建議會包括改進《雇傭標準法》，使其規定向被解雇雇員提供合理離職津貼或者提高最低離職津貼標準等，Symes也非常支持這一提議。
The Ontario Bar Association (OBA) Task Force on Wrongful Dismissal (the “task force”) is seeking recommendations to simplify the process on wrongful dismissal cases, which may include amending the ESA to mandate reasonable notice or increase the minimum statutory notice, which was strongly supported by Symes.
擁有很多華裔客戶的Panyen向《大中報》表示，他的律師行接觸的很多案例中客戶的語言障礙阻止了他們同法庭或者雇主的有效交流，而他的公司所處理的案件範圍包括了性侵犯、種族歧視、雇員被利用等等。
Payne, with many clients of Mandarin Chinese speakers, told Chinese News that quite often, the client’s matters involve language issues, which prevent them from communicating well with either the court or the employer, and that his firm handles a range of cases, from sexual harassment or racial discrimination, to employees being taken advantaged of.
Symes表示：“與目前在職律師相比，安省的法學院培養各種族裔講不同種語言的法律人才。我相信總有一天，會有更多講中文的律師能夠服務社區，幫民眾解決不合理解雇案件。”
“We have very diverse law schools in Ontario, where students have different ethnic backgrounds and speak a variety of languages, as compared with the profession. Although it may take some time, I believe there will be more Chinese-speaking lawyers serving the community on wrongful dismissal cases,” said Symes.
編注：如果你對本文有任何評論，請到096.ca的“特別報道”欄目下、此文的論壇裏發表評論。如果你有任何社區、社會和生活故事與大中報的讀者分享，或有問題需要大中報回答或調查，請將你的評論或問題細節以電話留言（416-504-0761 轉213分機），或傳真（416-504-4928），或電郵（cng@chinesenewsgroup.com）發給大中報，或電郵給南茜（jnancy@chinesenewsgroup.com）。你可以匿名為本報提供調查線索，但調查線索應包括當事人的聯係電話或地址、發生問題的時間及地址等信息。
評論
目前還沒有任何評論
登錄後才可評論.
