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Tribunal to
resolve credibility contest between two versions
WSN Network
 ONTARIO:
An assistant manager who, it was claimed, had threatened to sack a
Sikh security guard employee for refusing to remove a turban or
donning a hard hat, has denied he ever did so. He, in a testimony
before the Ontario Human Rights Tribunal, said he did not mock or
threaten that the Sikh employee could be fired for not wearing the
hat at a Home Depot store under construction.
"Did you ever
say anything that could be construed that you or Home Depot would
fire people who would refuse to remove their turban?" asked Kevin
MacNeill, lawyer for assistant manager Brian Busch and Home Depot.
Busch replied:
"No, I did not."
The hearing took
place today at 655 Bay St.
Busch's
description of what happened at the Home Depot store in
Milton
was in sharp contrast to the testimony offered by Deepinder Loomba,
who was before the tribunal in January.
Loomba, who
works for Reilly's Security, testified that on the morning of Dec
6., 2005 he was told he could be fired after he refused to follow
Busch's instructions to put on a hard hat.
The site was
under construction at the time and was six weeks from being
completed. Loomba told the tribunal that his position involved
sitting at a desk away from the construction zones and patrolling
the perimeter of the facility. He said he was not instructed by
Reilly's or Home Depot to wear a helmet.
Loomba said when
Busch entered the site and told him to put on a hard hat, an act
that would force Loomba to remove his turban, it resulted in him
being mocked by Busch and other workers on the site and his turban
being referred to as "a piece of cloth."
During today's
hearing, MacNeill asked Busch: "At any time on that day did a group
of workers laugh at Mr. Loomba in your presence," and "Did you ever
laugh at Mr. Loomba in a very loud way as he alleges?"
Busch denied all
of the claims.
MacNeill and
Busch declined to comment on the day's proceedings.
Throughout the
hearing, detailed notes that Loomba made in 2005, during his
conversations with Busch, have been entered as evidence.
During the
latest hearing, Loomba's attorney Raj Anand asked Busch why Loomba
would make such specific entries detailing their encounter if none
of it was true. "Do you think Mr. Loomba fabricated these events?"
he asked. Busch replied: "I don't know what Mr. Loomba did."
Outside the
hearing Anand said that Busch's responses were not a surprise. It
seems now that there will be a credibility contest between the two
versions which the tribunal will have to resolve.
Loomba is
seeking recognition that his religious beliefs were violated by Home
Depot and wants changes to their policies. He said he has suffered
stress and medical issues and said his employer has cut back his
hours. He is also seeking $40,000 in damages.
Final arguments
are scheduled to take place on Aug. 24 and 25.
19
August 2009
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