By The decision came after a City staff member reported serious misconduct, related to the use of a corporate credit card issued by the City.
Mema and other City employees occasionally used the card for their personal expenses, intending to pay them back. But between 2016 and 2017, Mema accumulated a substantial amount of personal charges on the card and took his time repaying the funds.
Mema used the credit card for personal expenses, totaling $14,600 between 2016 and 2017.
The charges included about $1,300 incurred while on vacation in Cancun, Mexico. Mema always maintained that the charge was made in error, and when other employees have made such errors, "the City was quick to excuse them". But with Mema they never approached him to clarify the situation, they just assumed the worst.
In February 2018, a forensic investigation by the city’s auditors revealed that Mema's use of the credit card far exceeded that of other employees.
The finance staff repeatedly contacted him over several months to request payment, growing increasingly concerned as the balance continued to grow.
But Mema said the accounting staff didn’t follow up with him regarding the personal charges, except as to repayment and nobody told him to stop using it for personal expenses. Since other employees also used their credit card for personal expenses without reprimand, Mema did not think he was doing anything improper when he did the same.
By April 2018, Mema had repaid all of his personal expenses on the corporate credit card. But just one month later on May 11 2018, council told Mema he was being fired with cause.
Three years later in May 2021, Mema filed a human rights complaint, arguing that he was discriminated against because he is Black.
The Tribunal found that discrimination occurred due to unconscious bias in the Misconduct Report which the City relied on to suspend and terminate Mema. Keep in mind, the BC Human Rights Tribunal was not tasked with determining whether the City was justified in suspending or firing Mema. Its sole task was to determine if the City’s decision was influenced by bias against Black men. Turns out, they agreed.
The Tribunal said that the Misconduct Report the City prepared was “inflected with racial bias and stereotype – likely unconscious – which ran through each of the key points of the report.”
Three key facts were highlighted:
- It was common for many City employees to use their credit cards for personal expenses, repaying the amount later. Auditors confirmed that the City permitted this practice
- Mr. Mema willingly agreed to a payroll deduction of $500 per pay period to repay the balance, in line with previous suggestions by finance staff. The report's biased language misrepresented this agreement
- Another individual engaged in similar conduct without facing reprimand, suspension, or dismissal, highlighting an inconsistency in the treatment of employees. This person is referred to as the "Other Outlier"
The other outlier, a senior staff member, had a history of using the credit card for personal expenses without submitting receipts or timely sign-offs. Surprisingly, no action was taken or raised to City management regarding this individual's behaviour despite ongoing repayment delays averaging 153 days.
This senior staff member was never reprimanded or fired for the unauthorized use of the credit card. While the Tribunal did not mention the other senior staff member’s race, it did highlight the underrepresentation of Black individuals, particularly in senior roles, within the City.
Although Mema had a higher outstanding balance, the Tribunal failed to find a justifiable reason for the differential treatment compared to the other senior staff member. While not necessary to prove discrimination, this comparison further supported the notion that the City's treatment of Mema may have been discriminatory.
The fallout from being terminated by the City was severe for Mr. Mema. He experienced a significant blow to his reputation, feeling like damaged goods. The executive committee of the Canadian Association of Government of Finance Officers requested his resignation. Despite his best efforts, including utilizing recruitment services, reaching out to his network, and bidding on projects, he consistently struggled to find employment. Months later, he attempted to start his own company but faced challenges in attracting clients and generating income.
Mema says the termination had a profound impact on his mental and physical well-being. Normally a strong and hardworking individual, his health deteriorated after the incident. He lost interest in activities preferring to stay in bed all day. Eventually, he sought therapy to address sleep issues and anxiety stemming from the termination.
In the end, Mema was awarded a total of $643,573.44, comprised of:
- $583,413.40 for lost wages/salary
- $50,000 for injury to dignity, feelings, and self-respect
- $10,150.04 for other expenses incurred due to the discrimination
- Interest on the above until payment is fully made
The Tribunal also ordered the City to cease acting in a discriminatory manner.
