And the Insanity Continues. You will be awarded 120K for lying on your application

A recent award from Ontario’s human rights tribunal should have employers carefully reviewing their HR policies and emailing their employment lawyers.

Muhammad Haseeb, a university graduate in engineering, has been awarded over $120,000 by the Human Rights Tribunal of Ontario in a discrimination in employment application against Imperial Oil. What makes this case particularly interesting is that Haseeb never actually worked for Imperial Oil. The discrimination in question was the company’s reneging on a job offer.

The case involved a hiring policy requiring applicants to prove they were eligible to work in Canada on a permanent basis. Haseeb would have been eligible for a work permit for a job at Imperial Oil but he was neither a Canadian citizen nor permanent resident. In his application, he stated — falsely — that he was in fact eligible to work on a permanent basis. This led to a job offer. But when Imperial Oil asked for proof of citizenship or permanent residency, he could not provide it. As a result, Imperial Oil rescinded the offer

Before the human rights tribunal the company argued that the offer was rescinded because of Haseeb’s dishonesty, not his lack of citizenship. The tribunal held that although Haseeb may have been dishonest, the discriminatory policy the company followed was enough to constitute a violation of Ontario’s Human Rights Code. What discriminatory policy is that, you may ask? The employer distinguished between candidates based on whether or not they were Canadian citizens. The tribunal ruled that this distinction was not a bona fide occupational requirement. Though it is legitimate not to hire someone because they lied, if the reason they lied was to avoid discriminatory treatment, the tribunal held, the lie is justified and the question illegal.

Under Ontario human rights law, successful applicants are put in the position they would have been in but for the discriminatory action. Haseeb successfully argued that he was entitled to be paid lost income for the four years — yes, four years — his case took to be heard and decided. On top of that, he was awarded $15,000 as compensation for injury to his dignity, feelings and self-respect.

https://business.financialpost.com/opinion/ontario-human-rights-tribunal-orders-employer-to-pay-120000-in-damages-to-worker-it-didnt-even-hire


This is why those on the regressive left have lost all sense and reason
You cannot male it up how absurd Canada has fallen by the way side of reason

Financial Post wrote:Muhammad Haseeb, a university graduate in engineering, has been awarded over $120,000 by the Human Rights Tribunal of Ontario in a discrimination in employment application against Imperial Oil. What makes this case particularly interesting is that Haseeb never actually worked for Imperial Oil. The discrimination in question was the company’s reneging on a job offer.

On this side of the border, failure-to-hire-for-race has long been a prohibited activity under Title VI. Mcdonnell Douglas v. Green, 411 u.s. 792 (1973).

If Haseeb was eligible for a work visa, his lack of citizenship or permanent resident status was not a bar. One path to get such a visa is to have a job offer, so Imperial Oil was in fact putting the cart before the horse.

Look's like the company had no valid justification for retraction of the offer. It was just fookin' with his career, which the law does not allow. I would have sued for breach of contract, too.

Original Quill wrote:

Financial Post wrote:Muhammad Haseeb, a university graduate in engineering, has been awarded over $120,000 by the Human Rights Tribunal of Ontario in a discrimination in employment application against Imperial Oil. What makes this case particularly interesting is that Haseeb never actually worked for Imperial Oil. The discrimination in question was the company’s reneging on a job offer.

On this side of the border, failure-to-hire-for-race has long been a prohibited activity under Title VI.  Mcdonnell Douglas v. Green, 411 u.s. 792 (1973).

If Haseeb was eligible for a work visa, his lack of citizenship or permanent resident status was not a bar.  One path to get such a visa is to have a job offer, so Imperial Oil was in fact putting the cart before the horse.

Look's like the company had no valid justification for retraction of the offer.  It was just fookin' with his career, which the law does not allow.  I would have sued for breach of contract, too.

They never failed to hire on race

They hired him and found out he lied on his apllication form

They had every justification to basically let him go when on probation

Imagine that the company found out that this was a sex offender?

And they lied on their application?

This will easily and rightly get squashed in the supreme court

He lief on his application

Race never played a part in this

He didn't lie. Lots of contracts are entered into with the expectation that licensing and other qualifications are forthcoming. Most construction contracts, eg, do not have all the zoning permits before they are entered into. Do you think that corporations have more contract rights than individuals?

If the company found out that Haseeb was sex offender, I expect they would have let him go. But that didn't happened, nor was it raised as a defense. It's simply irrelevant.

phildidge wrote:A recent award from Ontario’s human rights tribunal should have employers carefully reviewing their HR policies and emailing their employment lawyers.

Muhammad Haseeb, a university graduate in engineering, has been awarded over $120,000 by the Human Rights Tribunal of Ontario in a discrimination in employment application against Imperial Oil. What makes this case particularly interesting is that Haseeb never actually worked for Imperial Oil. The discrimination in question was the company’s reneging on a job offer.

The case involved a hiring policy requiring applicants to prove they were eligible to work in Canada on a permanent basis. Haseeb would have been eligible for a work permit for a job at Imperial Oil but he was neither a Canadian citizen nor permanent resident. In his application, he stated — falsely — that he was in fact eligible to work on a permanent basis. This led to a job offer. But when Imperial Oil asked for proof of citizenship or permanent residency, he could not provide it. As a result, Imperial Oil rescinded the offer

Before the human rights tribunal the company argued that the offer was rescinded because of Haseeb’s dishonesty, not his lack of citizenship. The tribunal held that although Haseeb may have been dishonest, the discriminatory policy the company followed was enough to constitute a violation of Ontario’s Human Rights Code. What discriminatory policy is that, you may ask? The employer distinguished between candidates based on whether or not they were Canadian citizens. The tribunal ruled that this distinction was not a bona fide occupational requirement. Though it is legitimate not to hire someone because they lied, if the reason they lied was to avoid discriminatory treatment, the tribunal held, the lie is justified and the question illegal.

Under Ontario human rights law, successful applicants are put in the position they would have been in but for the discriminatory action. Haseeb successfully argued that he was entitled to be paid lost income for the four years — yes, four years — his case took to be heard and decided. On top of that, he was awarded $15,000 as compensation for injury to his dignity, feelings and self-respect.

https://business.financialpost.com/opinion/ontario-human-rights-tribunal-orders-employer-to-pay-120000-in-damages-to-worker-it-didnt-even-hire


This is why those on the regressive left have lost all sense and reason
You cannot male it up how absurd Canada has fallen by the way side of reason

Quill needs to go to specsavers
This case would have never seen the light of day in the Uk
As everyone has to go through 3 months probation.
Which this ideot would have failed due to lying
Any company in the Uk would rightly be able to sack this lying scums arse out of a job that could have gone to someone far more honest

phil wrote:Quill needs to go to specsavers
This case would have never seen the light of day in the Uk
As everyone has to go through 3 months probation.
Which this ideot would have failed due to lying
Any company in the Uk would rightly be able to sack this lying scums arse out of a job that could have gone to someone far more honest

Meh.  That's the UK.  Canada has their own laws...more intelligent, in my estimation.

The UK lags behind North America, perhaps because they are more parochial and eurocentric. It is, after all, the Old World.

Original Quill wrote:

phil wrote:Quill needs to go to specsavers
This case would have never seen the light of day in the Uk
As everyone has to go through 3 months probation.
Which this ideot would have failed due to lying
Any company in the Uk would rightly be able to sack this lying scums arse out of a job that could have gone to someone far more honest

Meh.  That's the UK.  Canada has their own laws...more intelligent, in my estimation.

The UK lags behind North America, perhaps because they are more parochial and eurocentric.  It is, after all, the Old World.

I love you quill

Steady on Gelico ,you can do better !

gelico wrote:

Original Quill wrote:

Meh.  That's the UK.  Canada has their own laws...more intelligent, in my estimation.

The UK lags behind North America, perhaps because they are more parochial and eurocentric.  It is, after all, the Old World.

I love you quill

Thx Gels.