Labour And Employment Law
1. What legislation (statutes) should you consider in evaluating the above scenario and why should you at least consider those statutes? Mention at least two statutes and why you believe they might be relevant to the fact scenario. (2 marks) Hint: the common law is not a statute.
The legislations that should be considered when evaluating the above scenario are the Ontario Human Rights Code (OHRC), the Employment Standards Act (ESA) and the Occupational Health and Safety Act (OHSA). I believe that the OHRC is relevant to the above scenario because if an employer has decided to terminate someone for just cause, they must ensure that they are not violating statutes that protect the employee’s Human Rights. I believe that the OHSA is relevant to the above scenario because of the workplace harassment allegations made and I would review the violence and harassment section of the legislation. Also, the ESA must be considered when evaluating the above scenario because it sets out the minimum entitlements for the employee upon dismissal in this case I would go over the ESA and pay close attention to the employee’s entitlements to leaves of absence, employer notice period, pay in lieu and severance pay.
2. What if anything should be done about the allegations of bullying? Does your friendship with Eloise impact upon your answer to this question? (2 marks)
The allegations of bullying are considered harassment. We should follow the workplace harassment policy that employer must have in accordance with the Occupational Health and Safety Act [Section 32.0.1(b) and (c)]. These matters need to be dealt with promptly because they could possibly lead to workplace violence. In the policy itself it should state that the management pledges to investigate and deal with all incidents and complaints of workplace harassment in a fair and timely manner, so we should act accordingly.
My Friendship with Eloise would have no bearing upon my answer to this question, as that would
The legislations that should be considered when evaluating the above scenario are the Ontario Human Rights Code (OHRC), the Employment Standards Act (ESA) and the Occupational Health and Safety Act (OHSA). I believe that the OHRC is relevant to the above scenario because if an employer has decided to terminate someone for just cause, they must ensure that they are not violating statutes that protect the employee’s Human Rights. I believe that the OHSA is relevant to the above scenario because of the workplace harassment allegations made and I would review the violence and harassment section of the legislation. Also, the ESA must be considered when evaluating the above scenario because it sets out the minimum entitlements for the employee upon dismissal in this case I would go over the ESA and pay close attention to the employee’s entitlements to leaves of absence, employer notice period, pay in lieu and severance pay.
2. What if anything should be done about the allegations of bullying? Does your friendship with Eloise impact upon your answer to this question? (2 marks)
The allegations of bullying are considered harassment. We should follow the workplace harassment policy that employer must have in accordance with the Occupational Health and Safety Act [Section 32.0.1(b) and (c)]. These matters need to be dealt with promptly because they could possibly lead to workplace violence. In the policy itself it should state that the management pledges to investigate and deal with all incidents and complaints of workplace harassment in a fair and timely manner, so we should act accordingly.
My Friendship with Eloise would have no bearing upon my answer to this question, as that would