David Harris - Canadian Employment Law

Mahavir Mathur worked for the Bank of Nova Scotia as a project manager. The Bank advised Mr. Mathur that his position was to be replaced by a more senior position - known as "senior project manager". Under the Canada Labour Code, Mahavir had a chance to be reinstated to the employ of the Bank only if his position was not in law "discontinued". He was successful in showing that there was no substantial difference in the two positions, even though the person hired for the "more senior" position received a higher salary and had been given what on paper seemed like a more substantive position. Mahavir was reinstated to the employ of the Bank - he remains employed 4 years later - he was also paid full compensation for the time of his unemployment. The Bank appealed the decision to Federal Court unsuccessfully.