if you fair unfailrly dismissed by your employer

你是否觉得自己因遭种族歧视而被不合理解雇？当你被不合理解雇时，是否会因法院或者人权仲裁庭的复杂程序望而却步？你是否觉得很难找到诉讼的证据？而律师在打官司中会怎么帮你呢？
Do you believe that you have been wrongfully dismissed as a result of racial discrimination? Have you been intimidated by the court system or the human rights tribunal after being wrongfully dismissed? Do you find it is difficult to find evidence to support your claim? How could a lawyer assist you with the claim?
Payne Law Professional Corporation的管理主任和高级出庭律师Yan David Payne表示：“雇主在解雇你的时候一般不会说因为你是一名华裔、或因你有六个月身孕，但即使在在缺乏明显证据前提下，经常处理这类事件的法庭或者人权仲裁庭会做出判决。”
“It is very rare that an employer would tell you that you are terminated because you are of Chinese decent, or because you are six-months pregnant, but the court system or the human rights tribunal, which deals with these issues regularly, would make a finding under the circumstances that the very expressed evidence is missing in a claim,” said Yan David Payne, a managing director and senior trial lawyer with Payne Law Professional Corporation.
平等工资仲裁听证会第一任会长，具有30年诉讼经验的就业法律师Beth Symes在接受《大中报》采访时表示，传统的歧视方式现在已经不存在了，而代之以更为巧妙、间接的手段。
Old-fashioned forms of discrimination may no longer exist, and be replaced by more subtle indirect ones, said Beth Symes, the first Chair of the Pay Equity Hearings Tribunal and an employment lawyer with 30 years of litigation experience, told Chinese News in an interview.
Symes表示：“在我所处理的非正当解雇案件中，也许只有千分之一的雇主会直接告诉雇员其遭解雇原因同其种族背景有关。”“Maybe only in one in a thousand wrongful dismissal cases I have dealt with would an employer tell an employee directly that he or she is fired because of the employee’s ethnic background,” said Symes.
Payne表示， 怀孕六个月时被解雇的雇员可以提供的证据包括从未收到警告信，具有较长的雇佣历史等，法庭或者仲裁庭的判决会根据解雇发生于雇员处于最不利的工作状态、且在一定时期内很难找到工作这一事实。An employee who was fired while 6-months pregnant may present evidence such as no warning letter ever received, the lengthy employment history, etc. and the court or the tribunal may make a judgment based on the fact that the termination happened at the time that the employee was very vulnerable and unlikely to find a job within a certain period of time, said Payne.
Symes表示，“这种情形下，需要雇员善于巧妙地组织案件，精心举证。很多案件虽然表面显得公平，但事实上却会给少数族裔或土著居民带来不利的影响。”“Employees under such circumstances should be very sophisticated to frame and formulate the cases, many of which may appear neutral on the surface, but have an adverse impact on ethnic minorities or aboriginal people.
“比如指控雇主对某一少数族裔的刻意歧视可以通过统计数据来证明，比如，申请该公司的华裔申请人数比该公司雇佣华裔员工人数高出十倍之多等。”“For example, a claim against an employer deliberately discriminating against a certain ethnic minority could be backed up by statistics, such as the proportion of Chinese applicants to a company being ten times higher than the Chinese employees hired,” said Symes.
再比如，房东要求租房申请者所将支付的房租额不超过其收入的30%，这一规则看起来对所有房客都很正常，没有涉及到他们的族裔问题，然而经过25天的聆询，统计学家和专家作证，法院判决这一规定对那些弱势的群体，比如单亲母亲、年轻群体、年轻家长、加拿大新移民、难民等群体并不公平，因为他们的收入非常有限。A rule of a landlord stating that applicants who would pay more than 30% of income on their rent are not qualified as tenants appears neutral to all tenant applicants, regardless of their ethnicity. However, it has been proved in court -- through 25 days of hearing where statisticians and expert witnesses testified -- that this rule had an adverse impact on equality-seeking groups, such as single mothers, youth, young parents, newcomers to Canada, and refugee claimants who have very limited income, said Symes.
Symes表示，律师在这类案件中绝对可对弱势群体提供帮助，比如游说政府和管理机构、呼吁及建议他们改进当前法律系统。And a lawyer definitely can help to formulate the case, provide strategic advice on lobbying government and regulatory authorities to advocate changes to the currently system, said Symes.
种族歧视案件即可提交到安省法庭也可投诉安省人权委员会。对雇员发表性别歧视言论或者有种族歧视行为而违反人权宪章的雇主会被要求向雇员支付更多的赔偿。
In Ontario, there is an overlap between the court system and the Ontario Human Rights Commission to process a racial discrimination case, and additional damages could be sought against employers who violated human rights codes such as making gender based comments or racially discriminating against employees.
从7月1日开始，递交至人权委员会的投诉案应直接递交至人权仲裁庭，仲裁庭会加速对案件的处理、并降低费用。
Starting July 1, complaints filed to the Human Rights Commission should be filed directly to the Human Rights Tribunal, which will speed up the process and save costs.
在向安省高等法院递交的一份诉讼中，一家汽车生产公司被控没有合理提供残障雇员的津贴补偿，法官将合理津贴期限延长了一个月，并判该公司支付惩罚费50万元，这一费用后来被安省上诉法院而减至10万元。
In a claim filed to the Superior Court of Ontario, where a Canadian auto maker were found not accommodating the employees’ disabilities, the judge extended the reasonable notice period for a month, and rewarded punitive damages of $500,000, which was reduced by the Ontario Court of Appeal to $100,000.
Payne表示，虽人权仲裁庭未规定必须请律师，但律师可以提供建议使投诉者向人权仲裁庭投诉，比如补充一些重要文件以避免所应得的损失补偿受到限制等。
Although not required, a lawyer can benefit complainants to the Human Rights Tribunal by providing advice such as adding an important document to the claim, which may avoid the limitation of the entitlement, said Payne.
Payne还指出，法律费用对雇员和雇主双方来说都是非常昂贵的。他告诉《大中报》他们律师行所处理的不合理解雇案中95%的案子是通过5个月内的庭外调解和解的，只有很少一部分案子一直打到庭审。
Payne, who indicated that legal costs are expensive for both employers and employees, told Chinese News that 95% of wrongful dismissal cases his firm has handled were settled through mediation process within 5 months, with a very small percentage of cases going to trial.
Payne表示：“雇员的代表律师在案子处理过程中往往会对雇主形成很大压力，雇主会考虑到律师费、以及法庭最终判给雇员的损失补偿等因素而和解。”
“Employers are generally under the pressure of the employee-side-lawyer to settle the case, when taking considerations of the legal cost and the ultimate trial judgment to the employee,” said Payne.
Payne介绍说，目前，被解雇员工应得到劳工厅的最低离职津贴以及法庭通常法规定的合理离职津贴，这笔离职津贴会可以远远高于劳工庭规定最低离职津贴。
Currently, terminated employees are entitled to the statutory notice from employers regulated provincially, under the minimum requirements of the Ministry of Labor, and the reasonable notice under the common law, which could be significantly higher than the minimum requirements, according to Payne.
安省律师协会不合理解雇行动小组正在研究简化不合理解雇案例审判程序的方案，可能的建议会包括改进《雇佣标准法》，使其规定向被解雇雇员提供合理离职津贴或者提高最低离职津贴标准等，Symes也非常支持这一提议。
The Ontario Bar Association (OBA) Task Force on Wrongful Dismissal (the “task force”) is seeking recommendations to simplify the process on wrongful dismissal cases, which may include amending the ESA to mandate reasonable notice or increase the minimum statutory notice, which was strongly supported by Symes.
拥有很多华裔客户的Panyen向《大中报》表示，他的律师行接触的很多案例中客户的语言障碍阻止了他们同法庭或者雇主的有效交流，而他的公司所处理的案件范围包括了性侵犯、种族歧视、雇员被利用等等。
Payne, with many clients of Mandarin Chinese speakers, told Chinese News that quite often, the client’s matters involve language issues, which prevent them from communicating well with either the court or the employer, and that his firm handles a range of cases, from sexual harassment or racial discrimination, to employees being taken advantaged of.
Symes表示：“与目前在职律师相比，安省的法学院培养各种族裔讲不同种语言的法律人才。我相信总有一天，会有更多讲中文的律师能够服务社区，帮民众解决不合理解雇案件。”
“We have very diverse law schools in Ontario, where students have different ethnic backgrounds and speak a variety of languages, as compared with the profession. Although it may take some time, I believe there will be more Chinese-speaking lawyers serving the community on wrongful dismissal cases,” said Symes.
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