Reference no: EM133812476

Scenario

During his job interview, Tien mentioned that he was recovering from an addiction to cocaine. The employer, Westmark Aerospace Inc. refused to proceed with the interview because the position being applied for was in a safety-sensitive area. Tien wants to file an application with the Human Rights Tribunal of Ontario.

Questions:

1. What are the grounds for Tien's application? What is the legal test for him to be successful? What form needs to be used to start the application?

2. What remedies are appropriate for Tien to request in his application?

3. What legal defence can Westmark Aerospace Inc. raise to defend its position?

4. Who is likely to win this case? Explain and support your answer.

5. The Tribunal decides in favour of Tien and he also wins when the employer asks for reconsideration at the Tribunal. What is the next step available to Westmark Aerospace if they still disagree with the tribunal decisions?

Ensure you list every applicable ground of discrimination or remedy that can be claimed. Refer to appropriate sections of the Code when responding and if there is case law to support your answers, refer to it and cite it. (provide an existing case law in CanLII, Please)