Canada Tribunal Awards Fired Teacher $115,000 Over Political Beliefs
The British Columbia Human Rights Tribunal has awarded a former mathematics teacher approximately $115,000 after finding that his dismissal from Vancouver Island’s Lester B. Pearson College was discriminatory.
Nazim Açar worked at the international high school for about 10 years as a mathematics teacher and houseparent before the institution suspended and dismissed him in January 2020.
His dismissal followed concerns about his conduct towards an Israeli student and Facebook posts in which he criticised Israel, prompting questions about his political beliefs.
Açar filed a human rights complaint in 2021, arguing that his dismissal violated Section 13 of British Columbia’s Human Rights Code, which prohibits discrimination in employment.
In a decision dated October 21, tribunal member Devyn Cousineau ruled that the college discriminated against Açar and failed to consider alternative measures before terminating his employment.
Cousineau noted that the institution had no established standard governing teachers’ social media activities at the time and had never discussed Açar’s online posts with him.
The tribunal awarded Açar $94,322.25 in lost wages and another $20,000 for injury to his dignity, feelings and self-respect, bringing the total to $114,322.25.
The dispute began in 2019 when a 17-year-old student from Israel complained about a conversation with Açar concerning a possible scholarship after completing military service.
According to the student, Açar responded to the scholarship discussion by saying, “that will depend on how many Palestinians you kill!”
An initial investigation found the remark inappropriate, resulting in a five-day unpaid suspension and a requirement for Açar to undertake a course.
The college later commissioned another investigation after a teacher challenged the initial disciplinary action, appointing lawyer and former parliamentarian Murray Rankin to examine the matter.
Rankin concluded that Açar’s comment violated the college’s Respectful Community Policy, while his Facebook posts could create the impression of hostility towards Israel.
However, Rankin found that Açar did not hold discriminatory beliefs about Israeli students and recommended an additional three-day suspension, stating that he could safely return to work.
Despite that recommendation, the college dismissed Açar, prompting the tribunal to examine whether the institution had discriminated against him because of his political beliefs.
Açar, who is Kurdish and originally from Turkey, also requested reinstatement, but Cousineau rejected the application, concluding that restoring the employment relationship was no longer viable.
The ruling highlights the distinction between disciplinary concerns about an employee’s conduct and an employer’s legal obligations to prevent discrimination based on protected political beliefs.
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