The B.C. Human Rights Tribunal has dismissed a 41-year-old man’s claim of age discrimination after he was fired from an Earl's Restaurant in Yaletown.

According to a decision issued today (June 26), Chris Kalhoon was interested in working as a bartender at Earl’s Restaurant (Yaletown) Ltd., but was invited instead to attend training for a server’s position.

He was fired on the second day. According to  the ruling written by tribunal chair Heather MacNaughton, Kalhoon alleged that the general manager, Ryan Emmerson, and the managing partner of Earl’s Whistler, Kevin Wallace, made comments to the effect of:

”¢  Mr. Kalhoon was not smiling enough and listening like another trainee who was younger and more enthusiastic than he was; and

”¢  Mr. Kalhoon seemed not to want to be at Earl’s Yaletown because “[he had] been doing this a long time and [was] much older than the other trainees and they need people who are young and enthusiastic to work at Earl’s”.

In addition, Kalhoon alleged that all the “front of the house” employees were younger than him.

Emmerson and Wallace filed affidavits denying  they made these  comments. Earl’s also submitted information noting that trainees were advised in advance that they would be tested about their knowledge of  the menu and the layout of tables in the restaurant.

“On the first day of training, Earl’s says that Mr. Kalhoon failed his food knowledge test and could not identify table numbers,” MacNaughton wrote.

In addition, Wallace claimed that Kalhoon “appeared to be disinterested in the training and did not actively participate in it”.

Wallace and Emmerson  stated in their affidavits  that they met at the end of the day to discuss Kalhoon’s performance.

“Both men say that Mr. Kalhoon failed his second food knowledge test and failed to meet their expectations regarding his engagement in the training and interaction with their colleagues,” MacNaughton added. “They also criticized his interruption of Mr. Wallace during a part of the training.”

According to the decision, Kalhoon “did not refute any of the concerns outlined by Mr. Wallace and Mr. Emmerson in their affidavits”.

As a result, MacNaughton  issued a preliminary decision dismissing  the complaint,  concluding that Kalhoon had “no reasonable prospect” of succeeding with his claim that his firing was related to his age.