Samfiru Tumarkin LLP

I would like to know whether my former colleagues have grounds to claim that their Human Rights have been violated, more specifically victims of age discrimination. To what extent must their former Employer have to change the job mandates so that the Employer has very little risk when advertising / re-posting the two job vacancies (the same positions once held by my two former colleagues).

Two of my colleagues were employed in an identical role as myself with a leading Canadian bank. Both individuals are in their mid-to-late 40 years of age and each had approximately 20 years of service with the Bank. Their jobs were non-management, non-IT, middle-office, operations positions. Back in late August, 2015 these individuals were informed by the Bank, that due to restructuring, their current roles were being deemed redundant and that they would be given three months to locate other employment within the organization. Both individuals were unsuccessful with finding new positions and their last day of employment was at the end of November, 2015. One week after their separation from the Bank, their vacancies were advertised on the organization’s job site. The new postings contain one new additional technical skills requirement. However, for the most part the new postings are identical to the older job mandates held by my former colleagues.

The new job postings are not significantly different from the older mandates to the positions. And the Bank advertised these new job postings immediately after my colleagues separated. Would you suggest that my former colleagues are victims of age discrimination and not just restructuring / downsizing?

I ask the above questions as I (along with another colleague of mine) are disturbed by the actions taken by the Bank and that we might be the next victims if any additional restructuring is performed over the next number of months to our operating group.