Question
Dexter suffers from a rare immune system disease that causes him to catch the flu on a regular basis. Dexter is also a strong supporter
Dexter suffers from a rare immune system disease that causes him to catch the flu on a regular basis. Dexter is also a strong supporter of the Socialist Party of Canada. Dexter works for Liberty Mobile as a call centre clerk. He has been working there for 12 years. One day, his co-worker told him to apply for the senior management position since he has been there for many years. He often calls in sick due to having the flu on a regular basis (1-2 shifts a month). He also expresses his political views in the lunch room. Dexter decides to apply for the position. When reviewing his application, human resources said that he will not be hired because he gets the flu often and will not be able to fulfill the requirement of working 5 days a week for the management role. Also, human resources said that they do not approve of his political views since he is a socialist and not a capitalist like the company. Dexter learns of the conversation after being denied the job. He has evidence of the conversation and comes to your office to seek legal advice.
Can you assist me to fully explain whether Dexter has a human rights complaint against Liberty Mobile for not being promoted to the senior management role, and the likelihood of success, providing the applicable law and any defences.
The following link as a reference is helpful: BC Human Rights Tribunal. Human Rights and Duties in Employment(Links to an external site.). http://www.bchrt.bc.ca/human-rights-duties/employment/index.htm
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