8 9 Question 29 (10 points) Why is it preferable to have a written rather than a verbal employment contract with your employees? 10 11 12 Format 13 14 15 BIU 16 17 18 19 20 21 A/ 9 22 23 24 Question 30 (10 points) In a non-competition clause, Sensei Ralph, a martial arts instructor was restricted from teaching at, owning, or operating a martial arts school within a fifteen-kilometer radius of his employer's business for one year after leaving employment. Ralph quit within two months and opened a martial arts school half a block from his former employer. Is the non-competition clause enforceable? Discuss. DELLQuestion 28 (10 points) Melissa works as a manager in a clothing store in Ottawa. Her days are long - she works between 50 and 60 hours per week. Melissa has many responsibilities as she does everything - hiring, firing, preparing shift schedules, serving customers, working the cash register, etc. She is paid an annual salary. At the time she was hired, Melissa knew that she would not be paid for overtime but now now she does not think this is fair. Melissa is seeking advice from you. Based on your knowledge of employment law, is Melissa entitled to receive overtime pay in these circumstances? Explain why or why not. Paragraph V BIUA EV + ...Sandeep Kaur Gill: Attempt 1 Question 31 (10 points) Why might an employer prefer to hire an individual as an independent contractor rather than as an employee? What are the potential consequences if a court or other government authority decides that the independent contractor is really an employee? Paragraph BIUA E + VQuestion 32 (10 points) Jacob has approached you, a Vice President at BBN Inc, concerning some conduct that he observed. Jacob is an employee in the Accounting Department and he believes that he witnessed workplace harassment. Specifically, he believes he saw Derek, a fellow employee in his department, inappropriately touching Sarah, a receptionist in the same department. Jacob claims that Sarah was extremely uncomfortable. Jacob is sure he saw Derek act aggressively towards Saran during their encounter. Describe the steps you would take, if any, to address the allegation against Derek. BBN Inc. has a progressive discipline policy that has the following 4 steps 1) verbal warning, 2) written warning, 3) suspension without pay, and 4) termination. If the allegations against Derek are substantiated describe how you would discipline him. + Paragraph BIUA E EvEssay Questions - Only do 1 of the 4 questions! Question 33 (25 points) You are the head of human resources for XYZ Inc. You have hired Teresa, a junior human resources person to handle recruitment and to conduct hiring interviews. Teresa has never been responsible for hiring before and she requires some training on the do's and don'ts of conducting hiring interviews. Explain what you would teach Teresa. Paragraph BIUA Ev V + v . .. VQuestion 34 (25 points) Charlotte was born a male but started living as a female at age 29. Following her sex reassignment surgery, Charlotte experienced physical and emotional abuse in a relationship, and she was referred to an organization that assists battered women. Several years later, she responded to an advertisement for volunteers at a rape crisis centre. Being a woman was stipulated as a job qualification. During the training session, someone identified her as a person who had not always been a female, based solely on her appearance, and Charlotte was asked to leave. Charlotte filed an application with the Ontario Human Rights Tribunal. a) What is the alleged ground of discrimination? b) In your opinion, did the employer contravene the Code? Explain your answer. GO + ... Paragraph BIUA E V IEQuestion 30 (10 points) Betty is a dance instructor who was hired by DGM Dance Studio. She signed a non-competition clause which did not allow her to teach at another dance studio within a 10 km radius of her employer's business for one year after leaving employment. She was also restricted from owning, or operating a dance studio within the same 10 km radius of the employer's business. She quit within two months and opened a dance studio one block away (less than half a km) from her former employer. Is the non-competition clause enforceable? Discuss. Paragraph v BIUA Ev Ev +