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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85900
Experience:  Lawyer
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I live in Ontario, and have been recently been denied a career

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I live in Ontario, and have been recently been denied a career advancement after a rigourous interview process. Having met and exceeded the qualifications, and of being admirable character, quite reputable within the corporation, I was denied in favour of two other individuals.
The interview panel is unable to provide me a definitive reason for the denial. It has been felt by a majority of co-workers and peers that the decision was biased, and perhaps based on inappropriate influence.
Is there any legal intervention I can consider?
Submitted: 10 months ago.
Category: Canada Law
Expert:  Legal Ease replied 10 months ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Is this in the private sector?

Could this be because of discrimination?
Customer: replied 10 months ago.

Public sector, and difficult to ascertain whether discrimination is a factor.

Expert:  Legal Ease replied 10 months ago.
If there is discrimination then your next step would be to consider filing a complaint with the Human Rights Tribunal.

You can certainly contact them and run your facts by them and see what they say:

http://www.hrto.ca/hrto/

Sometimes it is easier to prove discrimination when there is systemic discrimination so consider whether others in your same category (race, age, country of origin, gender etc) have been treated this way.

When the employer is the government, for example, the employer is held to a higher duty of fairness and transparency.

So if you feel that something essentially unethical or perhaps even unlawful took place then these are serious allegations and you have to be able to prove them but at the same time there is a greater chance that you could succeed then in the private sector where employers can essentially be unfair so long as there is no discrimination.

Public or private sector, this would also possibly amount to a case of constructive dismissal.

When an employer does something that fundamentally changes the nature of the employment so that it drives the employee to quit, this may be a case of constructive dismissal. This is usually the case when the employer reduces wages, cuts hours etc. It is also the case where the employer's conduct makes it intolerable for the employee to continue working.

If an employee does quit under these circumstances then the law is that constructive dismissal is wrongful dismissal and the employer will be liable for damages.

If you are considering this option it is crucial that you first consult with an employment lawyer so that you can get a legal opinion from an expert both about whether the facts amount to constructive dismissal and, as well, about what damages you may be entitled to.

Generally the damages would be equal to what you would receive had you been dismissed without cause. If that had been the case you would have been entitled to receive "reasonable" notice or pay in lieu of notice.

Generally, in determining what is reasonable notice Courts look at several factors including the length of time you worked for the employer, your age, your position, the likelihood of finding new employment etc.

At the high end, if you were in a managerial position, the Court would likely order one month's notice or pay in lieu of notice for each year of employment. If you were not in a managerial position the Court would order somewhat less.

You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.

The number is:

1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)

Let me know if you need any further clarification.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 85900
Experience: Lawyer
Legal Ease and 2 other Canada Law Specialists are ready to help you

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