An excerpt:

The employer makes concrete products in Ontario for use in construction. Mr Rossi is of Italian background and has lived in Canada since 1973. He has worked for the Employer for over 20 years and was required to prepare the appropriate concrete mix for the product being made.

The employer’s production manager is Mr Williams. He has worked for the Employer for over 18 years and has been in his current position for 10 of those years.

Mr Rossi’s work location is noisy and is in a different building from Mr Williams. The orders for the concrete are provided to Mr Rossi over a two way radio system. In addition to Mr Rossi and Mr Williams, two supervisors, and three other employees also have radios.

Comments made over the two way radio may be heard by any of the above, or by anyone near a radio.

Mr Williams tried to order concrete from Mr Rossi, however there were communication difficulties. Mr Williams called back to check on his order and found that no order had been placed. There was some dispute as to the origin of the mistake. In the course of further discussion, Mr Williams yelled at Mr Rossi over the radio. He yelled: “You f***ing immigrant, you want me to come up there and teach you how to speak English?”

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