Ex-employee files racial discrimination complaint against Nissan dealership

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A man once employed by a Nissan dealership in North Vancouver filed a human rights discrimination complaint for which Nissan couldn’t get a deferral.

Tommy Ly made the complaint against the North Vancouver-based dealership in October 2021, alleging employment discrimination based on race and age.

Ly claimed he was denied promotions and eventually laid off because of those factors.

Nissan sought a deferral of the complaint, but here’s why the BC Human Rights Tribunal sided with Ly.

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Ly’s employment with the dealership began in February 2018 when he started as a service technician. In 2019, a new management team was brought in, and until then, Ly claimed his job performance was good and he had a good rapport with his co-workers.

According to Ly, the new management team didn’t allow him to work on certain cars or get additional training because of his age, but younger employees could.

He also claims that he was fired in November 2021 after a “younger white man” was promoted as a shop foreperson over him.

According to representatives of the Nissan dealership who denied discrimination, Ly did not perform his duties in a professional manner nor comply with policies and service standards. They also claimed age and race had nothing to do with assignments or training.

The tribunal pointed out that deferring a complaint is a temporary measure and decided to dismiss Nissan’s attempt.

“In my view, it would not be fair or reasonable to either put the Retaliation Complaint on hold while the Original Complaint is deferred or move it forward separate from the Original Complaint. For that reason, I decline to exercise my discretion under Rule 16(b) and defer the Original Complaint.”

Whether or not Ly gets any justice from his complaint remains to be seen, pending the WorkSafeBC investigation.