Worker didn't meet onus to prove 'element of a protected ground, rather than just harsh words'
“Racism [in the workplace] tends to be very covert, so inference is always an essential component but, fundamentally, it’s the complainant’s obligation to make their case that it's more likely than not that racism was a factor [in poor treatment] – knowing there’s going to be a large component of inference necessary, [a complainant] at least needs the factual evidence so there’s a foundation to draw upon lived experience.”
