Mr. Pillai, a South Asian immigrant man, was hired by Lafarge Canada Inc in February, 1998, to work as a welder in the open gravel mine at the Earle Creek Plant. He was the only visible minority working at the Plant. In March, he attended a harassment seminar offered in the wake of a human rights complaint on the ground of sexual orientation. At the seminar, he disclosed that he had been the victim of racial discrimination in a former employment situation. Soon after the seminar, a co-worker with whom he drove to work informed him that some of the employees had been referring to him as "The Hindu". Mr. Pillai said nothing, but felt hurt, and as time went on, increasingly paranoid that the entire workplace was racist and hostile towards him. In August 1998, his suspicions were confirmed when a truck driver working at Lafarge Canada Inc.'s Earle Creek plant confronted an East Indian immigrant welder who had borrowed his truck without permission. His denigrating accusation was accompanied by a threat of physical harm. This incident confirmed his suspicion about discriminatory attitudes in the workplace. Mr. Pillai went to the union to complain about the truck driver incident and about his concerns that the workplace was poisoned with racism. When the union's investigator failed to uncover any evidence to corroborate his allegations, Mr. Pillai went to the B.C. Human Rights Commission. In his complaint against Lafarge Canada Inc, he alleged three things: 1) that ethnic and religious slurs had been used in the workplace; 2) that, with one exception, he had not heard these slurs; and that the only slurs he had heard were those delivered by Mr. Beazly in the August incident. At the hearing, witnesses confirmed Mr. Pillai's allegations, but also testified that it was common practice for certain employees, as well as their general manager, Mr. Wagner, to refer to Mr. Pillai using derogatory comments. Mr. Wagner denied that he had used such expressions, but admitted that he had heard them used in the lunchroom and had done nothing to stop it. In its defense, Lafarge Canada Inc. maintained that the latter evidence, against the employees and their supervisor, was inadmissible because it greatly expanded upon the specific allegations made by Mr. Pillai in his formal complaint. They also claimed that as a result, they had not had sufficient time to prepare a defence. They moved, therefore, that the case be dismissed on the grounds of breach of natural justice. (Pillai v. Lafarge Canada Inc. (2003), 46 C.H.R.R. D/417, 2003 BCHRT 26.