A man who asserted his right to work in French won his case before the Tribunal, invoking the new provisions of law 96 to this effect.
The complainant had not obtained a position for which he had applied in the procurement and logistics department of a company. He had filed a complaint with the Administrative Labour Tribunal, contesting the employer’s request to submit his resume in English and to conduct the job interview in Korean.
Before the Tribunal, the employer’s representative argued that the man was not offered the position because he did not have the required skills. He also argued that the requirement for knowledge of English and Korean was necessary to perform the duties of the advertised position.
But the Tribunal decided otherwise, after hearing the evidence. In its decision, the Tribunal states that the company “fails to demonstrate that it has met all the conditions allowing it to conclude that it took reasonable steps to avoid imposing the requirement of knowledge of English and Korean before advertising the position.”
The complaint was therefore upheld by the Court. It reserved its powers to determine possible remedial measures.