A former maintenance worker and Zamboni operator for the District of West Vancouver has filed a complaint with the B.C. Human Rights Tribunal, alleging his municipal boss cut his hours and eventually stopped scheduling him for shifts because of his age.
Rajesh (Reg) Sikand, 69, worked for the district as a casual employee between January 2010 and 2015.
In a complaint filed with the human rights tribunal, Sikand has alleged that between October 2012 and September 2014, his supervisor, Simon Skeath, systematically reduced his hours and eventually refused to give him any work. Sikand has claimed his age was a factor in having his shifts cut back.
Sikand wrote in his complaint that when he asked Skeath about why his hours were being cut, his boss told him that because he has a pension “he was double dipping by working while other employees need the money more than him,” according to human rights tribunal documents.
According to those documents, the supervisor acknowledged making a comment about the pension, but said he only did so to point out that Sikand also had other sources of income, after Sikand complained shifts were going to people who had other jobs.
Skeath and the municipality have denied they discriminated against Sikand.
Instead, they argued Sikand was often unavailable for shifts and had performance issues – including an incident in February 2013 when he accidentally ran a Zamboni into the boards of the ice arena. Another time, Sikand was involved in a dispute with a co-worker, and requested that he not be scheduled for shifts with that person, according to tribunal documents.
The District of West Vancouver asked that the tribunal toss Sikand’s complaint, on the grounds that it has no likelihood of succeeding.
But tribunal member Emily Ohler denied that request March 8.
Ohler wrote the municipality had not provided much evidence that Sikand wasn’t doing a good job or that he had a poor attitude, noting that attitude is difficult to assess.
Ohler noted that Sikand only needs to prove that his age was a factor in being denied work to prove discrimination, not that it was the sole or primary factor. Ohler urged the two sides to work out an agreement through a mediator.
District of West Vancouver spokesman Jeff McDonald declined to comment on the case, saying the municipality doesn’t comment on personnel issues.
