View cases - Stewart McKelvey

INTRODUCTION[1] Raymond Jones is one of Jehovah’s Witnesses and, in accordance with his faith, does notparticipate in the celebration of Christmas. In November 1998 he was employed at a ShoppersDrug Mart store in Victoria. His supervisor, Don Hardy, requested that he put out somepoinsettias. Mr. Jones refused to do so. Mr. Jones and Mr. Hardy subsequently met with HaroldEisler, the store’s owner, to discuss the matter. As a result of that meeting, Mr. Jones ceased tobe employed at Shoppers Drug Mart.[2] Mr. Jones filed a complaint with the B.C. Human Rights Commission in which he allegesthat Harold Eisler, Don Hardy and C.H.E. Pharmacy Inc. (“C.H.E.”) doing business as ShoppersDrug Mart discriminated against him regarding a term or condition of employment and refusedto continue to employ him because of his religion, contrary to s. 13 of the Human Rights Code,R.S.B.C. 1996, c. 210 (as amended) [the “Code”]. The Respondents deny that theydiscriminated against him because of his religion or that they refused to continue to employ him.They say that the issue is one of an employee demonstrating disrespect for his superiors in anemployment setting. They further submit that Mr. Jones was not dismissed, but that he quit.FACTS[3] Mr. Jones commenced employment as a merchandiser at the downtown VictoriaShoppers Drug Mart location in 1982. As a merchandiser, his principle responsibility was to putincoming stock onto shelves in his assigned sections of the store. He also had a number of otherresponsibilities including receiving merchandise at the receiving door, assisting customers tolocate a product, cleaning up aisles, recycling pop bottles, and assisting cashiers by running forchange and doing price checks. Mr. Jones testified that the job of merchandising is to displayitems with the goal of encouraging people to buy them.[4] C.H.E. purchased the downtown Victoria Shoppers Drug Mart franchise in February1988. Mr. Eisler and his wife own C.H.E. Mr. Eisler is president. In 1994 or 1995, Mr. Hardywas hired as merchandising manager.1