Sahar plays a weekly card game with Mike. Last month, Mike told her that the position of Marketing Manager had become vacant at Smith & Sons Marketing, where he works as a receptionist. When he learned that she had spent the last 25 years working for Committed Marketing, he encouraged her to apply. At first, she said she was not interested. She had worked for Committed Marketing since high school. Further, she did not think that she would be a good candidate, because she had decided not to finish the degree that she had started in 2002 at Wilfrid Laurier University because she kept getting promoted at Committed Marketing. She was, however, too embarrassed to tell David that she had no post-secondary degrees or diplomas.

David brought the job up at the next four card games. Finally, he brought her a copy of the job posting. The job duties matched perfectly with Sahar's skills and experience. She thought the description of the company as being "family run, with family values" was endearing. She sent in her resume. In the education section of her resume, she included the phrase, "Bachelor of Arts, Wilfrid Laurier University, in progress".

The company's owner, Alfred, called her immediately and invited her to an interview. When she arrived, she met Alfred, who introduced her to William and Gerard. Alfred said, "We're so happy that you've decided to apply. We've been searching for one of your kind for a long time. You know, diversity and all."

After a pleasant discussion, Alfred blurted out, "You're hired!". Sahar said, "Thanks, I look forward to starting in two weeks." She noticed, however, that William and Gerard seemed a bit taken aback and later noticed them whispering to each other.

Sahar started the position a few weeks later, as she had agreed at the interview. After her first day, a team of employees invited her for a drink, which she happily accepted. After a few drinks, her colleague Colin looked at her and asked, "So what's the deal? Are you married? Do you have kids?" She let him know that she wasn't currently in a relationship, and did not plan to have kids at all. He winked at her.

The next day, Sahar arrived to her desk. On it was a stack of papers, with a post it note that said, "Here is your contract for signing. Thx. -Colin, 647 555 3425". She didn't pay much attention to it. She just signed it and place it on Colin's desk.

A few weeks later, Gerard came to her office, sporting a bit of a grin. He told her that Alfred had offered her the job without consulting the management team or the company's Board of Directors. He felt that after a discussion he had with Colin, Sahar wasn't the right fit for the company. He wanted someone who had shared the company's values.

Sahar was shocked, but she didn't think there was much she could do. She looked at the employment contract that she had signed, which said, "The Employee agrees that the Employer may exercise its discretion reasonably to end the employment relationship, including in the first three months, if it determines that the employee's skills and experience make him unsuitable for the position to which he was hired."

Identify a legal issue raised in the scenario above, identify the applicable law (generally, i do not need section numbers!), provide an analsis of the factors that a court/tribunal may consider, and provide your opinion on how the court/tribunal would decide the issue.