00:08 Henry has worked for N 49, 00:10 a small manufacturer of transistors, 00:12 as a production supervisor for 15 years. 00:15 He is 42 years old and the oldest 00:18 member of the young workforce. 00:20 He is also the only member of the 00:23 production team paid a regular 00:25 salary rather than an hourly wage,00:2}r 00:30 00:32 00:34 00:3}r 00:38 00:40 00:43 and the only one with a non competition agreement which restricts him from working for any other electronics component manufacturer in the province for five years following termination of his. Deployment with N 49 except as a result of a layoff. Due to {DVD19 and is a part 00:45 00:4? 00:50 00:52 00:55 00:55 00:5}r 00:59 of a recession work plan, management at N 49 demanded that he and the other production workers be reduced to six hour shifts but to be on call, including weekends, without any extra pay if there is a demand spilce. Henry explained to his boss Ted that 01:01 he couldn't follow this plan as it 01:03 would require him to be available on 01:06 the weekends when he must be available 01:08 to look after his young children so 01:10 that his wife Hailey can go on her 01:13 shifts as an emergency medical service. 01:15 Dispatcher N 49 is not 01:16 a unionized environment,01:16 01:13 01:19 01:22 01:24 01:2}r 01:29 01:30 a unionized environment. though one of Henry's colleagues has suggested getting certified as a supervisor and is the only salaried employee. Henry is not sure if he would be part of any such bargaining agreement. Indeed. management belieyes that it might D130 01:31 01:34 {31:3}r {313%I 01:41 01:43 l31:46: l31:4?I management believes that it might have to shut down the company if a Union was formed and they were forced to capitulate to a unions demands. Haley's sister is married to Ted. who spearheaded and approyed the recession work plan in the rst place. Carissa is a stay at home Mom to challenge twins and the family. 01:43 recession work plan in the first place. 01:46 Carissa is a stay at home Mom to 01:49 challenge twins and the family. 01:50 Even potentially her sister Haley and 01:52 her husband Henry would be severely 01:54 impacted if Ted's job were to be in jeopardy. 01:57 Henry has come to you for help for 02:00 possible solutions to his dilemma.Does Henry have the right to request accommodation and why? . Assuming Henry is 'wrongfully dismissed'. Is he still bound by the provisions of a non-compete clause? You may want to read: Globex Foreign Exchange Corporation v. Kelcher, 2011 ABCA 240 (CanLII). . Does COVID-19 make it easier for employers to dismiss employers? . Would joining a union necessarily be the best solution? . Say that Henry's job characterization is in question. It is not clear whether he is an employee or independent contractor. Could you help us to understand the major differences between an employee and an independent contractor? You may want to read this case: TBT Personnel Services Inc. v. MNR (2011), 422 N.R. 366 (FCA). Activate Windows Go to Settings to activate Windows. 2:04 / 2:08 CC 1x