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Workplace Law Assignment

Question One

a) Uncle Phil is an employee as he collects compensation for his job in the leg clothing

business from Alex. That said, employees may not need to operate full time in order to be

treated as employees they only need to be compensated to work for an employer.

b) In accepting the tension, Phil should take a move forward. So Phil does not stop or say

that nothing happens as the dispute occurs. He can go to Alex so that they can chat

together hence, come up with the best step to find an answer to the dilemma.

Question Two

a. Millie may arrange a reasonable dismissal package in order to initiate an erroneous

dismissal since she had not been given adequate notice for her to be dismissed or

compensated rather than a dismissal note (Law Institute, pg. 67). It covers cases in which

the boss has for whatever cause ended the employee’s job. For an unfair discharge, the

ex-employee may compel the court to direct his or her former employer, if the employer

does not send the plaintiff the appropriate notice of discharge, to pay damages. In fact,

Millie can also expect the court to require the company to reimburse or to keep a part of

her litigation expenses.

her reimbursement for not giving a fair notice of discharge to the employee. The goal of

an unfair termination payout is to reward an individual who has been dismissed for the

lack of adequate notification of dismissal by the employer. This is never a long-term

incentive or benefit. The company would therefore not be penalized if it wanted to fire

the employee (Hicks, pg. 446). When Millie launches wrongly dismissing lawsuits, she

can, in addition to unfair dismissal, seek certain forms of negligence for her former

employers, like moral damages or legal costs. The employees who are discharged may

have moral or punitive damages if the employer has acted in an unfairly unkind or

malicious manner.

Whilst Millie has the only power to discuss the dismissal agreement with a former

employer, the possibility of arbitration and beginning proceedings is that it is important to

understand that the vast majority of cases are not settled by a court but resolved if the

client and the former employee consent on a voluntary settlement. The compensation

provisions usually involve the company either covering or agreeing to reimburse a

percentage of the legal costs of the worker or re-employ. The relevant law regarding

Millie’s situation is the Employment Standards Act, which calls for just a decrease in

guaranteed severance package. Nonetheless, the employee is entitled to minimize the loss

after the lodging of a lawsuit for unfair firing. That only involves seeking to pursue

successful employment, not waiting idly for the Labor Council or court reward.

b. Yes, since a trade union is an entity that acts as a conduit between the client and Millie.

The labor union will therefore motivate Millie in the collective bargaining environment to

fight for fair terms of employment and other privileges.

the organization’s management appears to contradict this view. Frontline employees are

not the only ones joining forces in the case of union. In fact, several effective union

officials are partnering with management in achieving the objectives of the company, but

the collaboration is no longer in place in this scenario.

Question Three

a) The OSHA is the statutory body for the protection of building sites and has been

developed to better fit in the scenario.

b) He has the right in the workers’ insurance court or the state labor court to lodge a

petition of accident or sickness. He has the right to see a specialist and to handle

him. He has the option to come back to his job once he is discharged from his

doctor.

c) i. Test for breath, heartbeat, and blood pressure of the patient. Call out an

emergency code in a hospital and initiate the CPR if the patient is unconscious,

coughing or lacks a pulsation.

ii. Search for injury, including scratches, scrapes, bone breakage and bruises.

iii. When the patient comes down, whether you weren't there, ask the patient or

the person who witnessed what happened.

d.

Question Four
Yes, because the right is allowed in Section I of the Human Rights Legislation.

Subsequently, an individual must be 18 years or older to apply in accordance with this

section of human rights. On behalf of children and youth under the age of 18, parents or

guardians may file applications.

Question Five

Upon operating 44 hours a week, overtime compensation is usually owed. The overtime

limit shall be at least 1/2 times (1.5xs also regarded as the daily wage rate) for employees

as per (Section 22) of the Employment Standards Act, 2000 S.O (Liukkunen, pg. 89).

Question Six

a) Yes, a deal between an individual and the company is a non-competitive

arrangement. A non-competitor typically forbids one from operating with a rival

corporation or from establishing one of his own.

b) Yes, since judicial decisions cannot allow hiring of someone who technically is

already supposed to be an employee of a rival business, they will cancel the deal.

Question Seven

Yes, it is lawful to mount a GPS monitoring device inside the limits of a truck in certain

cases to monitor corporation drivers. Although the company has to own the truck and its

drivers can only be tracked during working hours (Ahmed et al., pg. 39). The Federal

Privacy Commissioner also identified two valid explanations for GPS usage to improve
 workplace engagement and boost customer satisfaction. Those involve transporting and

moving workers to work locations, reminding drivers about adjustments to the timetable

and sending consumer’s specific delivery times. The employee’s agreement was

presumed under these cases. One occurrence happened in 2006, the other in 2009

(Panganiban & Edward pg. 189).

Question Eight

a. Shrilla needs to try to fix the issue, as far as necessary, by internal policies or processes

for mediation mechanisms of the company in order to avoid Reed’s actions. In case when

she is in a union, she should approach the entity for help. Nevertheless, the ability to

lodge or continue in certain directions is not covered by an internal process. She could as

well take the necessary steps in conjunction with the Occupational Health and Safety Act.

b. As of January 27, 2011, the Ontario Commission for Human Rights, an organization is

expected to fulfill the response requirements regarding harassment claim. Organizations

should examine the issue and develop a solution, for example (Lee & Robert, pg. 102).

Secondly, a company should reply to the complaint immediately. In instances of sexual

assault, the agency is required to respond immediately.

Question Nine

Under the Regulations, the person must "considerably be limited, in comparison with

average people with comparable qualifications, abilities and abilities, to show a person is
 substantially restricted in his or her ability to perform either a work class or a wide array

of work in different classes.

Question Ten

a. An employer cannot punish and reproach an individual with termination. When the

person does, he or she has the ability to send the Equal Employment Opportunities

Commission (EEOC) for an unfair firing argument. Any termination for prejudice is an

erroneous termination according to Section VII of the Civil Rights Act (Marson, et al.,

pg. 64).

b. Yolanda may be allowed to lodge a lawsuit against her former boss for an unfair

discharge. Administrative options for layoff include financial penalties, arbitration over

an acceptable compensation package, as well as unemployment compensation while

looking for a new work.

Ahmed, Iftekhar U., et al. "Solar powered smart wearable health monitoring and tracking device

based on GPS and GSM technology for children with autism." 2017 4th International

Conference on Advances in Electrical Engineering (ICAEE), 2017.

Hicks, Peggy L. "Human Rights in the People's Socialist Republic of Albania." Human Rights

Quarterly, vol. 12, no. 3, 1990, p. 434.

Law Institute, British C. "Report on the Employment Standards Act." SSRN Electronic

Journal, 2018.

Lee, Robert G. Blackstone's Statutes on Public Law and Human Rights 2019-2020. 2019.

Liukkunen, Ulla. Collective Bargaining in Labour Law Regimes: A Global Perspective.

Springer Nature, 2019.

Marson, James, and Katy Ferris. "4. Contract III: contractual terms and statutory

protection." Business Law Concentrate, 2019, pp. 47-66.

Panganiban, Edward B. "Microcontroller-based Wearable Blood Pressure Monitoring Device

with GPS and SMS Feature through Mobile App." International Journal of Emerging

Trends in Engineering Research, vol. 7, no. 6, 2019, pp. 32-35.