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I won a competition for an excluded(from the union) terminal…

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I won a competition for...

I won a competition for an excluded(from the union) terminal manager position with bc ferries, however after I signed the contract( I was already an employee but unionized), I was informed that my family would have to move to Nanaimo because" they had to be part of the community.My wife had been in her job approx.32 years, and I had children in school.I would have to have them move to the "community" within 1 month.I had prepared ,and voiced this, to move myself and come home on my days off.I spoke to my current manager following this and he explained that I would be fired if this did not take place.I e-mailed the regional director and the president of the company that I cold not achieve this and they did not deny the requirements, as unethical as they were, and I was passed over for the job.In the course of the next year or so I was every application was rejected and my life was made so unbearable that I had to leave as my doctors feared for another heart attack.i have all e-mails

Submitted: 12 years ago.Category: Canada Law

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12/7/2009

Lawyer: D.A.M., Lawyer replied 12 years ago

D.A.M., Lawyer

Category: Canada Law

Satisfied Customers: 2,762

Experience: Cross-Border (US/Canada) Lawyer

Verified

Hello,

A few questions:

1. What efforts beyond simply speaking to them have you made?
2. How were you "informed" of the move requirement? (Was it in the orgiginal employment agreement?)
3. What justification did the employer provide you for the "community" requirement?
4. Where were you relocating from? / to?

Customer reply replied 12 years ago

1. I spoke directly with the director at the time, also the very next morning.I, then sent out an e-mail addressed to her( the director of operations where I actually won the competition for the job), the president of the company and my current director of operations at the time.I was Terminal supevisor/ relief terminal manager for many years at Horseshoebay Terminal in West Vancouver. I was basically ignored by them, except that she replied to me that when I was ready to move my family , then I could apply for another position. Further to this, I had a meeting with the human resources director at my terminal who also confimed this requirement.I explained that it was not fair, as I was prepared to put in as many hours as necessary and the family issue had nothing to do with my performance.To no avail. Many other jobs came up and my subordinates, including staff that I had beat @ the previous competitions,were given the jobs.I could not even get an interview.2) They would not put that requirement in writing at the signing interview,or at any time.However in the subsequent e-mails and their replies it is well acknowledged.3) None, , they just said that "they need to be part of the community".I cannot imagine why , as Nanaimo is a lrge , spread out city.4) I was relocating from West Vancouver(horseshoebay Terminal) to Duke point Terminal in Nanaimo BC.

Lawyer: D.A.M., Lawyer replied 12 years ago

Hello,

From your description of the events something definitely doesn't seem right. If the requirement was not in the job description I don't see how that could be supported.

With what has gone on I think you may have a cause of action against the managers or the company itself. I recommend speaking with someone local to you that can look into the paperwork-trail and see what steps can be taken to sort this out.

Fortunately, the B.C. Law Society offers a lawyer referral service located here: http://www.lawsociety.bc.ca/public/finding_lawyer.html that can help you find someone nearby that has experience in employment and employment discrimination matters. Call around - most lawyers conduct a free initial consultation - and bring everything you have with you for them to look at.

Good luck, I hope you find some resolution.

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