The B.C. Human Rights Tribunal has awarded the City of Nanaimo鈥檚 former chief financial officer nearly $650,000 in a discrimination claim.

Similar to a wrongful dismissal suit Victor Mema filed against the city in B.C. Supreme Court, the human rights complaint stemmed from the ex-CFO鈥檚 firing over his use of a corporate credit card for personal purchases.

Mema was under the impression that the credit card agreement was open to interpretation and use by staff members for personal charges 鈥渨as widespread,鈥� noted the tribunal鈥檚 decision. Mema argued the city treated his credit card use in a different manner from other employees and argued that a misconduct report 鈥渓inked a number of unrelated issues in a way that cast a shadow of suspicion on him鈥� and was 鈥渋nformed by racial stereotypes.鈥� Use of the report to suspend and fire him without investigation was dicriminatory, Mema argued.

In addition, reports of misconduct provided 鈥渁 pretext to get rid of all black Africans employed at the city,鈥� the decision read.

The city denied discriminating against Mema, arguing the concerns brought on by the misconduct report and its approach to those concerns were reasonable and non-discriminatory in the circumstances, and were informed by Mema鈥檚 alleged misconduct and the prevailing circumstances at city hall.

Former councillors Bill Bestwick, Bill Yoachim, Jim Kipp and ex-CAO Tracy Samra testified on Mema鈥檚 behalf.

While Samra鈥檚 relationship with city staff was 鈥渄ifficult,鈥� the ruling stated, Mema was 鈥渨ell-liked鈥� at city hall, with staff stating it was 鈥渞efreshing鈥� seeing his ideas.

In a 107-page decision, Emily Ohler, who oversaw the tribunal hearing, found that the city鈥檚 misconduct report 鈥渨as inflected with racial bias and stereotype 鈥� likely unconscious 鈥� which ran through each of the key points of the report. Mema鈥檚 鈥減rotected characteristics鈥� contributed to the report, the decision read, and in turn, it informed the city on its decision to suspend, and ultimately, terminate the CFO鈥檚 employment. As a result, the tribunal found that the termination was 鈥渄iscriminatory.鈥�

Mema was always quick to reimburse the city, noted the ruling, until the summer of 2016, when illnesses affected a pair of family members, after which the issues started. The misconduct report compiled by a staff summarized 70 purchases totalling $14,149. He was reprimanded and his card cancelled in October 2017.

While the city stated the misconduct report was prepared due to Mema鈥檚 card usage, the tribunal wasn鈥檛 satisfied 鈥渢hat it was the number and value of [the credit card] use alone that stirred up the suspicion and anger that [staff] expressed.鈥�

鈥淭here is a distinct underlying thread of racial bias woven through the misconduct report that I am satisfied was more likely than not informed by the pernicious stereotypes I have pointed to above of black men as less honest or trustworthy,鈥� the decision noted.

The tribunal noted that the misconduct report came months after the card had been cancelled, money had been repaid, changes to the credit card agreement had been ordered by council, and an audit conducted.

The report also noted a cheque from Mema had bounced, adding to the 鈥渦nderlying narrative painting Mr. Mema as someone who should be viewed with suspicion and should not be trusted, even though the [card] issues had been, by this time, resolved by both the destruction of Mr. Mema鈥檚 [card] and the changes to the [card] policies.鈥�

Mema was awarded $583,400 for lost wages, $50,000 for injury to dignity and feelings and $10,150 for expenses.

In a statement, Nanaimo Mayor Leonard Krog said the ruling was not what the city was expecting.

鈥淲e are reviewing it in detail and will determine our next steps after consulting and obtaining advice,鈥� he said. 鈥淲e do not agree with the characterizations of staff. It is our view that individuals on staff who came forward to disclose information regarding serious matters did so in good faith with the best interests of Nanaimo鈥檚 citizens in mind.鈥�

The hearing took place in Vancouver over 19 days in 2020 and 2021.

The B.C. Supreme Court announced in July that it had thrown out Mema鈥檚 wrongful dismissal claim.

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