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Is he employable? Not in a gig requiring that persona. And remember, he was not fired for anything involving the more-than-a-decade-old allegations of the three accusers in the recent criminal trial. He was fired because his sexual practices were antithetical to the CBC’s (and his own) brand and would cause the broadcaster considerable market damage if he had remained. The law permits employers to fire for cause employees who commit acts fundamentally antithetical to their brand.

It is noteworthy that, while this criminal trial (and the upcoming one), advanced quickly, we have heard nothing from his union, which has the exclusive right to represent Ghomeshi in any dismissal case. I suspect — though I have no inside knowledge — that the union has not taken the case and will not.

For one thing, it would put the union in conflict with other members who may not wish their funds to be used to prosecute Ghomeshi’s case and may even be testifying against him. That is largely the union’s choice, for which Ghomeshi would have little effective recourse if it decided not to.

The success rate of cases by members against unions for not fairly representing them hovers around one per cent. Another reason the union would not take the case is because it is a weak one. Quite apart from the initial grounds, various women within the CBC have come forward to complain since Ghomeshi’s firing, adding to the union’s predicament.

It was a smart move on Ghomeshi’s part to move the criminal case forward as quickly as possible. He knew he could win it and that it was an opportunity to rebuild his reputation, particularly among those who carelessly conflate the charges in that case with the very different ones that led to the demise of his CBC career.

As things stand, no broadcaster in this land is going to hire him. Certainly not to play the role that made him so prominent. That genie has long flown away.

Howard Levitt is senior partner of Levitt & Grosman LLP, employment and labour lawyers. He practises employment law in eight provinces. Employment Law Hour with Howard Levitt airs Sundays at 1 p.m. on NEWSTALK 1010 in Toronto.

hlevitt@levittgrosman.com

Twitter.com/HowardLevittLaw