Frederic was hired to be the executive head chef for a new, high-end restaurant. He was involved in buying equipment, suggesting menu items, hiring and training staff, and running the kitchen. The restaurant was very busy from the start. They were short-staffed, and Frederic ended up prepping the kitchen and cooking most of the time. He also had to clean the sinks and floor in the kitchen and take out the garbage after the restaurant closed. He said he was working between 80 and 100 hours per week, mostly due to lack of staff. After asking for a day off because he was feeling overly tired, the owner of the restaurant fired him. Frederic filed a claim for unpaid overtime pay, arguing the managerial exemption did not apply to him because, despite his title, the bulk of his work consisted of non-managerial duties. The employer argued he was a manager and therefore covered by the exemption.

 

 

Question -

Who do you think would be successful? Explain your answer.

 

 

CASE 2

 

To facilitate employees being able to switch shifts, the employer—which is federally regulated—had an electronic employee scheduling program. This program allowed employees to view workplace leave information for all other employees in their unit, including the reason for an absence such as medical care, bereavement, or parental leave. Paul requested a leave but challenged the requirement to indicate the reason for it as that information then became available on the scheduling program. Paul made a complaint to the Office of the Privacy Commissioner.

 

Question -

Did making this leave-related information available to other employees in the work unit violate PIPEDA? Explain your answer.

Answer rating: 100% (QA)

Case 1 Frederics Unpaid Overtime Claim Likely Outcome Frederic Explanation Frederics success in the claim for unpaid overtime pay depends on whether he meets the criteria for the managerial exemption ... View the full answer