Project #36995 - Employment law Cases

1.     Identify the internet address where you can find the decisions for the following:

·       Supreme Court of Canada

·       B.C. Court of Appeal, B.C. Supreme Court and B.C. Provincial Court

·       B.C. Human Rights Tribunal

·       Canadian Legal Information website (CanLII)

·       Lexis Nexis Quicklaw (go through the library website)

·       8 blog sites relevant to employment law in Canada (make sure you include at least one blog that deals with Privacy issues, one blog that deals with Workers compensation and two blogs that deal with Human Rights issue

 

2.     Prepare case briefs for the following important employment law cases:

 

CITATIONS PROVIDED:

·       Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper, Ltd., 2013 SCC 34

·       Pate Estate v. Harvey (Township), 2013 ONCA 669

·       Payette v. Guay Inc., 2013 SCC 45

·       RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc. (2008), SCC 54

·       Chevalier v. Active Tire & Auto Centre Inc. [2012] O.J. No. 3414, affirmed [2013] O.J. No. 4092 (C.A.)

·       Kelly v. University of British Columbia, 2013 BCHRT 302

 

CITATIONS NOT PROVIDED (YOU MUST FIND THE CASE ON YOUR OWN.  YOU MUST INCLUDE A CITATION IN YOUR CASE BRIEF.  THE CITATION SHOULD NOT BE YOUR TEXTBOOK.  MAKE SURE THE DECISION YOU ARE READING HAS NOT BEEN OVERTURNED BY A HIGHER COURT)

·       Price v. Top Line Roofing

·       Gahagan v. James Campbell Inc.,

·       Devaney v. ZRV Holdings

·       Fair v. Hamilton-Wentworth District School Board

 

·       Evans v. Teamsters Local Union No. 31

·       Merrill Lynch Canada Inc. v. Soost

 

The case briefs may involve cases that are summarized in your textbook.  The text book summary is likely to be lengthy.  Your case brief for each case should be no longer than one half of a page (single spaced, font 11).  You must find the other cases on your own where no citations have been given.  Make sure the case that you are briefing was not overturned by the Court of Appeal or the Supreme Court of Canada.  The case brief should use the following headings:

A.    Citation which includes the name of the parties and where the decision was found. 

B.    Facts (brief summary)

C.    Issue(s) in the case

D.    Decision

E.    Reasons for the decision and the principle which the case stands for (no longer than 3 lines long). 

 

 

SHORT ESSAY – PART 1

 

3.     Write a memo to your boss on TWO (2) of the topics listed below.  The memo must be no longer than two pages (single spaced font 11).  Do not just summarize the law.  You must evaluate the topic by applying the law and facts and provide your opinion or recommendation with reference to relevant case law or legislation (properly cited).  Use Headings and short paragraphs.

1.     A corrections officer living and working in northern Canada was arrested and charged with assaulting his wife. He spent three days in jail and his trial was scheduled for the following month. The employer suspended the officer with pay and began an internal investigation. The officer indicated his lawyer advised him not to answer questions due to the impending trial. The investigation continued and it was determined a serious incident had occurred, but the officer was allowed to return to work until his criminal trial was completed, though his interaction with inmates was limited and other officers showed some concern over the charges, particularly those who knew his wife. On one occasion, an inmate learned of the charges and challenged the officer about them.

A few months later the officer pleaded guilty to assault and admitted he punched his wife in the back of the head at home while he was intoxicated. He received a conditional discharge and was placed on probation for 12 months, during which he was required to take counselling and banned from consuming alcohol.

The officer provided proof of family and substance abuse counselling, but his employment was terminated on June 6, 2009.  The dismissal letter stated that his actions were "incompatible with your continued employment supervising and assisting adult inmates and young offenders in their efforts to make positive changes to their behavior.  The employer also saw the officer's conduct as contrary to its code of ethics, which demanded a "high standard of ethical conduct" for correctional officers. The officer's conviction was also of concern because assault was a serious problem in northern Canada and many of the inmates were incarcerated for that crime. As a result, the department of justice had a zero tolerance policy for family violence.

Using the IRAC method write a memo discuss fully discuss this case.

2.     In November 2008, D entered into a written employment contract with his employer F which contained the following words:

"In the case that the company would decide to terminate the contract with the employee in the first four years after the signature, the company will pay to the employee an indemnity compensation of two years' salary including the bonuses. After these four years, this indemnity compensation will be no more applicable."

In the summer of 2011, F made the decision to terminate D’s employment. However, by its own choice, it chose not to inform the employee of its decision until the four-year contractual term had run its course. By delaying the communication of its decision to the employee, the employer sought to avoid paying a lump-sum severance equal to two years' compensation.  The employer terminated the employment and provided D with the termination payment required under the Employment Standards Act. 

Using the IRAC method write a memo fully discussing the issues in this case?

3.         Office romances, even where they are consensual relationships between co-workers, can create some difficult issues in the workplace.  From a strictly legal perspective, employers may want to discourage office but from a practical point of view, it is virtually impossible to prevent them.  Discuss some of the risks that an office romance poses from various perspectives – the couple involved, to co-workers and to the employer.  Is a policy on office romances a good idea and, if so, what should it include?  Are there any disadvantages to having such a policy?  Write a memo fully discussing the issues in this case.

4.         R, 46, was a senior manager of promotions and brand public relations for T Ltd., a telephone social networking company based in Vancouver. He was initially hired by T Ltd. in November 2000 and held various positions with the company before being named a senior manager. His duties involved developing and implementing promotions and marketing campaigns for a specific sector of the business, as well as setting out budgets. He had one person report to him who worked with various contractors in different cities where the network operated.

In September 2009, T Ltd. terminated R's employment as well as that of his subordinate. R was given 27 weeks' pay in lieu of notice. At the same time, the company offered him a 3-month contract for fewer hours that would have an automatic renewal. The new position would involve R working on a promotion he'd already planned as well as performing several duties his former subordinate did. The contract had a 10-day termination clause.

R refused the offer because he felt the work was demeaning and a downgrade. He said he wanted his former subordinate brought back and a guarantee of six weeks of work and increased severance pay to four weeks for every year of employment. T Ltd. refused the counter-offer.   R took a job-search training program and began looking for work in October. He also filed a claim for damages in lieu of notice, arguing the severance he had been given wasn't sufficient.

Using the IRAC method write a memo fully discussing all of the issues raised by this fact pattern.

5.         Discuss the law with regard to post employment duties owed by an employee to an employer.  How is the law applied?  What are the policy reasons?  Evaluate the effectiveness of the law and write a critique on what changes should be made to the law and why?  Write a memo fully discussing the issues in this case?

6.         Your boss has recently learned that there is new legislation in place dealing with bullying in the workplace.  He asks that you provide him with a memo outlining this legislation and how it might affect him.  In particular he is concerned about the extent to which employees may be allowed to make a claim to the WCB when they are the victim of bullying, what obligations he has relating to occupational health and safety in the workplace and what implications if any does this have where an employee might make a claim based on constructive dismissal.  Write a memo dealing with his concerns. 

7.         Your boss has asked you to write a memo discussing the various laws relating to privacy inside and outside the workplace.  He is particularly interested in knowing the following:

·       When is video surveillance cameras permitted in the work yard?

·       When is an employer permitted to disclose personal information it has to a third party?

·       Whether the employer can monitor the employee’s Email and Internet?

·       Whether the employer can monitor the employee’s social media?

 

SHORT ESSAY- PART 2

4.     Write two short essay oncontroversial topics relevant to the course.  The essay should be no longer than two pages (single spaced font 11) for each topic.  It must identify the topic, outline the arguments on both sides and provide your conclusion.  

 

This will be marked on the following criteria

·       Ability to summarize the controversial topics, to present the essence of the arguments pro and con and your ability to come to your own conclusion with reasons. 

·       Ability to identify the legal issues and provide a reasoned memo with supporting case law and/or legislation

·       Ability to follow the instructions set out above.

·       Clarity of presentation including grammar, spelling, English etc.  Often the use of headings the presentation.

 

Subject Law
Due By (Pacific Time) 08/03/2014 12:00 pm
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