1. The Canadian Charter of Rights and Freedoms applies only where government is involved, however, the Charter can indirectly affect private sector employers. How?
2. The employer interviewed a number of candidates for a position in a nursing home that involves lifting patients and other physically demanding work. One of the candidates, Joan, had limited mobility in her arm, which was obvious at the interview. The employer did not address the issue, and the interview was brief. Joan was not hired and filed an application with the Ontario Human Rights Tribunal.
What is the alleged ground of discrimination? In your opinion, did the employer contravene the Code? Briefly explain your answer.
3. Why might an employer prefer to hire an individual as an independent contractor rather than as an employee? Why might an individual choose to work as an independent contractor rather than as an employee?
4. What are the advantages of a written employment contract over an oral one?
5. If a dispute arises out of an oral employment contract, how does a court establish the terms and conditions of the contract?
6. What are the main legal issues that can affect the enforceability of an employment contract?
7. What is the contra proferentem rule of interpretation?
8. Why are courts generally wary of restrictive covenant clauses?
9. An employee with a history of back problems has applied for a posted job that requires considerable heavy lifting. This employee has more seniority than any other person who has applied for the job. You are concerned that he may be physically unfit to perform the job and could injure himself further. You are the employer. What should you do?
10. Julio, a supervisor, continually harasses and ridicules George, who works in his department. No one else in the department believes that Julio’s criticisms of George are justified. It appears to them that Julio simply does not like George froe a personal Reason. Can George file a human rights application? Briefly give reasons for your answer.
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1. The Canadian Charter of Rights and Freedoms applies only where the government is involved. However, the Charter may indirectly affect private sector employment in various ways. One such instant is a situation where the private sector condones discriminatory practices. For example, if a private organization happens to negate the Employment Insurance Act, which provides for specific childcare and maternity benefits, the Canadian Charter of Rights and Freedoms has to be applied in amending such as occurrence (Research Branch & Holmes, 1992)....
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