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Employment and Labour Law

CLAW 529
Employment and Labour Law

Take-home Assignment 1

Name (Please print): __________________________________________

Signature: _________________________________________

Assignment Instructions:
This assignment is to be completed and submitted to the instructor no later than the beginning of class on February 15, 2018.
Prior to submitting their assignment students must submit it to Turnitin.com to confirm that there was no plagiarism.
There is one fact situation followed by three questions. Each question has three parts.
There are 15 marks for the assignment and it represents 15% of the student’s final mark.
Answers are to be in narrative form, typed in WORD (double spaced, 12 point font).
Assignments may be delivered to me at my office during my office hours, left in my mailbox on the 7th floor, or delivered to me in class.

Stuart and Rachel have known each other for many years. They first met as students at Algoma University in Sault Ste. Marie, Ontario, and after graduation they both joined the Northern Ontario Railway Company as trainees more than 25 years ago. Rachel was a marketing graduate who joined the sales and marketing department, while Stuart was interested in the personnel side of the business and joined the human resources department.
Rachel was diagnosed with epilepsy as a child. It is a condition aggravated by great and persistent stress, and Stuart recollected Rachel having occasional epileptic seizures in university and when they worked together at Northern Ontario Railway. However, with the assistance and support of the company, along with proper diet, medication, exercise, regular hours of work and reduced stress, the frequency and severity of these seizures dramatically diminished. Rachel has not experienced light-headedness (the precursor to an epileptic episode) for many years.
Last year Stuart left the Northern Ontario Railway for the position of Vice-President, Human Resources, at the Algoma Tourism Association. The association was founded by many of the tourist operators in Algoma County to promote their business.
Stuart greatly respected Rachel’s sales and marketing knowledge and expertise and believed she would be an excellent candidate for a senior position in the sales and marketing department at the association. Knowing that the position would soon be advertised, he urged Rachel to apply. He emphasized that not only is it an opportunity to be part of this new and exciting organization, but that the current Vice-President of Sales and Marketing told him, in confidence, that she intends to resign in the near future, and Rachel would be a prime candidate to take her place.
Rachel’s instinctive reaction was to say no, as she had been at Northern Ontario Railway for many years and enjoyed her work. However, she was attracted to being part of this new organization as well as the prospect of it leading in the near future to the position of Vice-President of Sales and Marketing.
Rachel applied for the position. She completed the standard employment application form and was interviewed by the President of the Algoma Tourism Association and a member of the human resources department. Stuart had informed the President of his friendship and past association with Rachel, and they agreed that he should not participate in the hiring process.
Rachel was offered the job and accepted it. One aspect of the interview that surprised her at the time and bothered her later was a question by the human resources person whether she had any physical limitations or history of emotional or psychological problems. The question caught Rachel off-guard and she wondered whether Stuart had said anything to this person about her history of epilepsy. Rachel’s immediate response to the question was an emphatic no.
From the outset, Rachel found the work more demanding and stressful than she had expected. The hours of work were long and difficult and the stress level constant, with continuing pressure from the tourist operators to see positive results from the association’s various marketing campaigns. It also became clear that the Vice-President of Sales and Marketing had no intention to resign. When Rachel mentioned it to her, she simply laughed. She said she loved her job and intended to remain for many years.
As Rachel’s stress, exhaustion and disenchantment with the new job mounted, so did the appearance of certain symptoms associated with an epileptic episode. When she sought medical advice she was told that she needed to drastically change her work environment.
With that in mind, Rachel resigned and commenced legal action against the Algoma Tourism Association claiming, among other things, discrimination and failure by the association to promote her to Vice-President of Sales and Marketing. The Algoma Tourism Association responded by denying any legal bases for these claims and alleged, among other things, that she had lied in the employment interview by failing to disclose her history of epilepsy. Stuart had told the association’s President about Rachel’s epilepsy after her resignation.

Question 1

Identify the prohibited ground of discrimination claimed by Rachel.
[1 mark]

Briefly describe the legal arguments in favour of Rachel’s claim of discrimination.

[2 marks]

Briefly describe the legal arguments against Rachel’s claim of discrimination.

[2 marks]

Question 2

Identify the legal nature or name of the claim by Rachel that the Algoma Tourism Association wrongfully failed to promote her.
[1 mark]

Briefly describe the legal arguments in favour of Rachel’s claim that the Algoma Tourism Association wrongfully failed to promote her. [2 marks]

Briefly describe the legal arguments against Rachel’s claim that the Algoma Tourism Association wrongfully failed to promote her. [2 marks]

Question 3

Identify the legal nature or name of the claim by the Algoma Tourism Association concerning the failure by Rachel, when asked, to divulge her epilepsy. [1 mark]

b) Briefly describe the legal arguments in favour of the Algoma Tourism Association’s position that Rachel’s failure to divulge her epilepsy, when asked, negated any claim of discrimination by Rachel. [2 marks]

c) Briefly describe the legal arguments against the Algoma Tourism Association’s position that Rachel’s failure to divulge her epilepsy, when asked, negated any claim of discrimination by Rachel. [2 marks]

based on canadian law

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