Reference no: EM133812879
Provide a complete answers using full sentences and proper grammar. Always have law to back up your answers and provide full citations and explanations as much as possible. "Use CanLII Website" to look up for cases related to the matter.
Scenario
Pat Taylor has been working as a financial analyst with Summit Financials, a mid-sized finance firm in Ontario, for over seven years. Recently, Pat applied for a promotion to the position of Finance Manager. Pat has a solid track record of excellent performance reviews and has played a pivotal role in several successful projects. During the selection process, Pat disclosed to the hiring panel that they were undergoing a gender transition which would require time off for medical procedures and recovery in the upcoming year. The promotion was awarded to another internal candidate who had less tenure and a comparatively moderate performance record. Pat filed a claim with the Human Rights Tribunal of Ontario.
Questions:
1. What are the grounds for Pat's claim against Summit Financials? What is the legal test for them to be successful?
2. What kind of remedies should Pat seek through the Tribunal?
3. On what grounds can Summit Financials defend their decision regarding the promotion? What form should they file with their defence?
4. Who is likely to win this case? Explain and support your answer.
5. If the Tribunal decides this case in favour of the employer, what are the grounds for Pat to file a reconsideration? Where do we find the law and forms relating to their request for reconsideration at the Tribunal?