Sam Sloan is the sole proprietor of Whole Body Fitness (WBF), a neighbourhood fitness club, and is dealing with a few employment – related problems. Using what you have learned in MGS 350, and in particular what you have learned about workplace law

MGS 350 NDD Fall 2019
Assignment #2: Workplace Law
(20%, 35 marks)
Due: December 6

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Instructions:

1. Please answer all of the questions in full sentences. Do not reproduce the questions, but number your answers.
2. This is an individual, not a group, assignment. You should each do your own work.
3. Use in-text citations and include a “works cited” page. All citations should be in MLA format. Plagiarism of any kind will not be tolerated. You should not use any sources other than the textbook, powerpoint slides, lectures and relevant statutes.
4. To locate up to date statutes, please use Canlii: https://www.canlii.org/en/on. The Ontario Human Rights Code can be accessed at: https://www.canlii.org/en/on/laws/stat/rso-1990-c-h19/latest/. The Employment Standards Act, 2000 can be accessed at: https://www.canlii.org/en/on/laws/stat/so-2000-c-41/latest/
5. Your assignment must be typed in 12 point font. Proper citation, grammar, spelling, organization and clarity will be evaluated.
6. You must include a cover sheet, with the assignment title, professor’s name, course and section, your first and last name, student number and date.
7. A detailed rubric is included at the end of these instructions.
8. You must submit a hard copy in class, and upload your assignment to SafeAssign.

Questions:

Sam Sloan is the sole proprietor of Whole Body Fitness (WBF), a neighbourhood fitness club, and is dealing with a few employment – related problems. Using what you have learned in MGS 350, and in particular what you have learned about workplace law, answer the following questions:

1. Sam has had an upsetting conversation with Jane, a personal trainer who works at WBF full time. Jane told Sam that one of the other trainers, Seth, has been making her feel uncomfortable at work. According to Jane, Seth has been making comments about Jane’s clothing and appearance, and while the comments are complementary, Jane feels embarrassed and wishes Seth would stop. Jane politely asked Seth not to mention her appearance, but the remarks have continued. Also, twice this week, Seth has asked Jane to have a drink with him after work. Both times, Jane has refused. Jane asked Sam to do something to change Seth’s behavior, and said that if things don’t change, she may have to consider finding another job. Sam does not want to lose Jane, a valuable employee, but he also does not want to upset Seth, who is a very popular fitness instructor.
a. How would you describe Seth’s behavior? (1 mark)
b. What are Sam’s obligations in this situation? (2 marks)
c. If Sam does not do what is required, what are Jane’s options? (2 marks)

2. Sam asks you about the requirement to pay overtime. Dave regularly works 32 hours a week as a server in WBF’s café, but in the last 6 weeks he has been working overtime: 4 hours in the first week, 16 hours in the second week, 8 hours in the third, then 16, then 6 and then 16 again. Sam has paid Dave his regular hourly pay for the extra hours, but Dave has claimed that he is entitled to overtime pay for every hour that Dave worked above his regular 32 hours.
a. How is overtime pay calculated under the Employment Standards Act? (2 marks)
b. How much overtime pay should Sam pay Dave? (2 mark)
c. If Sam refuses to pay the appropriate amount, what should Dave do? (1 mark)

3. One of Sam’s best spinning instructors quit a month ago, and since then, several clients have left WBF to work out at the fitness club a few blocks away where the instructor now works. The employment contract between Sam and his former employee contains the following language: “You agree that upon resignation or termination, you will not work as a spin instructor at any fitness club within a 5 km distance from WBF for six months.” What type of clause is this? Would Sam succeed if he sued his former employee for violating this provision in his contract? (5 marks)

4. Sam wants to fire his manager, Jess. Jess has worked for him since he started the business 5 years ago, and she has done her job well. However, Sam wants to reduce his expenses and has decided to take over the manager job himself. Jess signed an employment contract when she was hired, but it doesn’t say anything about termination. Jess is 55 years old, and supports her aging parents and college-aged children.
a. What factors are relevant to determine the amount of reasonable notice that Sam must provide Jess under the common law? How would these factors apply in this situation? (5 marks)
b. Assume that Sam pays Jess less than she is entitled to, and Jess sues Sam for wrongful dismissal. Jess decides to refuse a job offer from another fitness club because the pay is less than what she was earning at WBF and because she believes that she will recover enough money through her lawsuit to allow her to take a few months off. Will this decision affect the outcome of the lawsuit in any way? Explain your answer. (3 marks)

5. Sam has interviewed Laura for the position of yoga instructor. Laura is qualified, has lots of experience, and seems like she would be good at the job. However, Laura told Sam that for religious reasons, she dresses modestly and will be unable to wear the tank-top that is part of WBF instructors’ uniforms. Sam feels that is it important that all WBF employees wear the uniform so that they can be identified as staff by all the clients, and did not hire Laura. Instead he hires a less experienced instructor.
a. What statute can Laura use to address her treatment? (1 mark)
b. What argument would Laura make in support of her claim? What argument would Sam make? (2 marks)
c. In your opinion, who will succeed? Explain the reason for your opinion. (2 marks)
d. If Laura is successful, what remedies might be granted? (2 marks)

RUBRIC:

Topic Marks
Cover page includes all required information
1
Question 1

Question 2

Question 3

Question 4

Question 5 5

5

5

8

7
MLA Citations 1
Correct spelling, punctuation, grammar; organization and clarity; instructions followed
3
TOTAL: 35

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