Identify The Legal Arguments In Favour Of Ernie's Claim Of Discrimination?
Question 1
a) Identify the prohibited ground(s) of discrimination claimed by Ernie. The prohibited grounds of discrimination claimed by Ernie are alcohol dependency and marital status. Ernie claimed alcohol dependency, since it is classified as a disability under the Ontario Human Rights Code and marital status is a protected ground under this act.
b) Briefly describe the legal arguments in favour of Ernie’s claim of discrimination.
The company’s application was discriminatory for requesting information on alcohol dependency and marital status and Ernie felt as if he would not qualify for the job without these classifications. He was unemployed and feared that if he stated that he was married and had an alcohol problem in the past he would
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The legal nature or name of the claim by Ernie regarding this issue is negligent misrepresentation by prospective employer. He only took the job because he was promised this job would lead to a supervisory position.
b) Briefly describe the legal arguments in favour of Ernie’s claim that the Cambrian Pulp and Paper Company wrongfully failed to promote him.
According to Ernie, he only took this job in hope of a promotion. He was told by his colleague Doreen, Vice President of Operations at Cambrian Pulp and Paper Company, also a representative of the company that he would be promoted in the near future, which was false. The company negligently misrepresented this information because the general manager told Ernie that no supervisor positions were currently available or in the near future. He was overqualified for this position, previously being a supervisor and now applying for a logger. He relied on this expectation because it came from one of the Vice Presidents in the company. From his perspective, the information came from upper management and not just a regular logger, which is why he took it seriously. He suffered a consequential loss of perhaps working in another company with a higher position and pay because of his
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Ernie only received this information from Doreen, the Vice President of the operations department, who only said that his position can possibly promoted in the near future. This information did not guarantee a promotion. Doreen simply wanted Ernie to take this job in hope of a promotion as a colleague, the company or the contract had no input in regard to this. The general manager had informed Ernie that there is no supervisory positions available at this
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